In this week’s podcast I naturally cover the Obergefell v. Hodges ruling on homosexual marriage. Justice Kennedy’s opinion for the majority excited my particular scorn.
Compare the crisp, measured reasoning of Justice Scalia with the breathless schoolgirl vaporings of Justice Kennedy, voting with the majority,quote:The full Radio Derb playbill:
"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death."End quote. All that may be true; but what does it have to do with the content of the Fourteenth Amendment? Perhaps Justice Kennedy is planning to retire to a career with the Hallmark Greeting Card Company.
He continues, quote:
"It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves."End quote. Is that true?
Over the last four years, the General Social Survey has asked married respondents, categorized by sexual orientation, whether they have ever had sex with someone other than a spouse while married. Here are the percentages responding "yes," by sexual orientation.
So … would it really, quote, "misunderstand these men and women to say they disrespect the idea of marriage"?
- Heterosexual couples: 15 percent.
- Bisexual couples: 42 percent.
- Homosexual couples: 51 percent.
And if Justice Kennedy can be so wrong in understanding an easily-checked point of fact — it took me less than a minute to find that source — what should we think of his understanding of the Fourteenth Amendment?