Republican Opposition To SCOTUS Gay Marriage Ruling Is Opposition To The Constitution

It is always revolting to watch the reaction of so-called “real Americans” in Republican, conservative, and evangelical ranks when a Supreme Court decision is founded on a very basic principle of the U.S. Constitution; equal rights. One might think that all Americans would celebrate a decision founded on the 14th Amendment’s guarantee of equal rights for all Americans, but that has not been the case long before Friday’s ruling that same-sex marriage is now legal in all 50 states. In fact, leading up to the decision’s announcement, the religious right and Republicans warned the High Court to rule according to the bible or else all Hell would break loose. Ever true to their evangelical fanaticism, while most  Americans were celebrating a victory for the LGBT community, the Constitution and equal rights, so-called social conservatives were outraged and went ballistic.

There is no doubt whatsoever that in legalizing same-sex marriage nationwide, the Supreme Court’s majority “held to the founding principle for which this country was founded” that every American is entitled, yes entitled, to equal rights. It is a sad pathetic commentary about a sad pathetic segment of American society that not only do they oppose the Constitution’s guarantee of equality for all Americans, evangelicals relish the authority they have had for far too long to deny equal and civil rights to the LGBT community based on an ancient Jewish text even though they are not adherents to the ancient Jewish faith; they are Christofascists.

In his voluminous opinion for the majority, Supreme Court Justice Anthony Kennedy’s very simple message at the beginning of over 100 pages is thus: the Fourteenth Amendment to the Constitution gives gay and lesbian couples the same right to marry as opposite-sex couples. In his remarks about the Supreme Court ruling, President Obama certainly seized on Kennedy’s simple message of the majority decision and in his remarks said, “This morning, the Supreme Court reaffirmed that all Americans are entitled to the equal protection of the law; that all people should be treated equally, regardless of who they are or who they love.” This simple message of equality for all Americans in the U.S. Constitution’s 14th Amendment was unfortunately lost on Republicans, evangelical bigots, and the four dissenting Justices; all who made the majority’s decision everything from a vicious attack on religious liberty to “judicial tyranny” to “the destruction of democracy.”

Now, this idea of the nation’s highest court adhering to the founding document, the only “supreme law of the land” is something utterly unconscionable to the majority of Republicans, the theocracy-minded religious right, and four conservatives on the High Court. What is curious indeed, is how the Court’s conservative dissenters made a very rudimentary civil and equal rights case into a “government war on religion,” a Nazi “Putsch,” and a number of other  truly bizarre and childish statements that were not becoming of a semi-intelligent 8th grader, much less four sitting jurists of the nation’s highest court.

It should be embarrassing to every American that the four dissenters made statements one expects from the likes of Mike Huckabee, Louis Gohmert, Bryan Fischer, and Sarah Palin instead of  Supreme Court Justices, but moronic bible-think is a pathological disorder plaguing the entire evangelical conservative movement. What all the outrage and threats of nullification from Republicans after the ruling informs is that no matter how often conservatives claim to embrace and revere the Constitution, its founding principle of equality for all Americans is something they oppose with religious fervor.

The 14th Amendment that Justice Kennedy cited as the basis for legalizing gay marriage in all 50 states could not be clearer. It says  “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The states that passed laws banning same-sex marriage did, in fact, violate both the “equal protection” and “due process” parts of the 14th Amendment, and in foolishly saying they would nullify a High Court ruling founded solely on the 14th Amendment, Republicans revealed their true intent is nullifying the Constitution. However, Republicans have disavowed the  Constitution, and attempted to violate it, over the past six years according to their sick twisted belief that the ancient Mosaic Law they worship is the nation’s highest authority. The bible has no place in the Constitution by design of the Framers because it is unethical in a democratic nation.

The case was never about religious freedom because two people of the same gender marrying does not infringe on any evangelical fanatic’s freedom to pray, worship, sing hymns, or frequent the local mega-church. It also in no way possible is the government’s attempt to force any evangelical to divorce their opposite-sex spouse and marry a member of the same sex. And yet according to Justice Clarence Thomas, because same-sex couples now have the exact same Constitutional rights as opposite-sex couples, which is the entire point of equal civil rights, “religious liberty suffered ruinous consequences.” What Thomas, like every Christofascist in America, believes is that the Constitution’s guarantee of religious freedom means that evangelicals get to deny equal rights of Americans who fail to adhere to religious right dictates taken from their archaic Jewish religious text; a text that is nowhere to be found in the U.S. Constitution.

Every Republican politician, particularly those aspiring to the White House, and religious right fanatics who claim they will not adhere to the Court’s ruling, or will ‘nullify’ the decision by deign of biblical hubris, are really saying that they do not recognize the legitimacy of, and will nullify, the United States’ Constitution. They do not even conceal their hatred of the Constitution is borne of opposition to the Founding Fathers basing it on the principle that all Americans are equal regardless what the religious right, Republicans, or High Court conservatives say or believe.

In his remarks directly after the announcement that the Constitution does indeed apply to every American, President Obama said that, “Our nation was founded on a bedrock principle that we are all created equal… and that it has been a “never-ending quest to ensure those words ring true for every single American.“  The majority decision to afford ever single American the equal and civil right to marry the person they love is no different than previous High Court rulings that struck down the bans on interracial marriage and homosexuality, and despite what terrors Republicans, evangelicals, and High Court conservatives warned about this latest reaffirmation of equal rights, America and evangelical Christians still exist.

As the President said, the ruling yesterday was a victory for the LGBT community, and a victory for America. He also said that “this decision affirms what millions of Americans already believe in their hearts. When all Americans are treated as equal, we are all more free.” Sadly, there are millions of Americans, mostly Republicans, evangelicals, and four conservative Supreme Court Justices, who do not believe that all Americans are equal and their beliefs are founded in the real loser in yesterday’s ruling; the burgeoning theocracy that will certainly redouble its efforts to abolish equal rights and the U.S. Constitution that was the biggest winner of all because it still exists and works as the Framers intended.

21 Replies to “Republican Opposition To SCOTUS Gay Marriage Ruling Is Opposition To The Constitution”

  1. Christian conservative politicians strive to protect the religious freedom of all Americans … just so long as you believe in Jesus Christ.

    So how do they react when the SCOTUS validates gay marriages across the land? Immaturely and irresponsibly.

    Republican-controlled state legislatures are acting like a maniacal estranged husband who, after losing the house and custody of the kids in court, decides to murder his family and burn down the house.

    My advice to Christian conservatives who deem that their warped interpretation of Biblical law trumps Constitutional law and therefore cannot stomach the recent decisions of the SCOTUS — scurry on home, lock the doors, pull the blinds, and never come out again.

  2. the RW all this week.
    Typically, the seven stages of grief are described as:
    – Shock or Disbelief
    – Denial
    – Anger
    – Bargaining
    – Guilt
    – Depression
    – Acceptance and Hope

    They are mostly in the bargaining stage now. Posts are saying: no I don’t hate the sinner, I hate the sin!!!! Classic..

  3. Roe v. Wade affirmed the constitutional right to abortion and equal protection under the 14th amendment. 40 years later, that constitutional right is stripped away and denied by State legislatures. This is no different than Jim Crow. It is another attempt by the States attempting to strip residents of their Constitutional protections. ‘The United Kingdoms of America.’

  4. The Christianity that I worship does not include being racist, hating everyone that disagrees with me,demonizing women and minorities,mind-blowing greed,and non-stop lying. These people that scream “Im Christian and a patriot” clearly are not.


    The four reasons:
    1. Constitution doesn’t ban same-sex marriage nor does it even define what “marriage” is.
    2. Constitution does have a provision that essentially allows it: Section 1 of the 14th Amendment, aka, the Equal Protection Clause.
    3. First half of the First Amendment blows away the “religious” definition of marriage (seven Bible definitions of marriage; NONE are between one man and one woman, anyway)
    4. Supremacy Clause of the Constitution blows the “Tenthers” argument out of the water, aka, the “state’s rights” b*llsh!t

  6. One man, one women….

    Makes me wonder how many of these hypocrites have divorced.

    I won’t be so cruel as to say I wonder how many of them have a mistress.


  7. One man, one woman (at a time)? Even Newtie couldn’t be bothered to stick to one woman at a time.

    And yet the self same folks who claim that Obama is “Lawless”, demonstrate themselves to be the ones who are.

  8. Congratulations to all the Gay couples across America!!!…As soon as everyone completes their honeymoons, It’s time for you to roll up your sleeves again. It’s time for you to fight for the right of every person of color in this country to be treated fairly as human beings. Now that you have gotten your rights recognized by The United States Supreme Court, don’t slam the door behind you. Kill Racism Now!!!

  9. You missed one VERY IMPORTANT point in an otherwise excellent article, Rmuse.

    A SCOTUS ruling making it illegal to discriminate against gays/blacks/immigrants/others does NOT in any way force people to “go against their faith/religion”.

    Anyone who does not want to serve/sell to another person, based on sexual leanings or whatever, can CHOOSE another profession which does not require serving a person in a manner which challenges their faith.

    Nobody FORCED any Christian to become a baker, florist, or caterer, and if providing goods or services to gays “goes against your religion”, then CHOOSE another line of work.

    This is one point I have yet to see made, yet it is paramount to the “equal rights” amendment (the 14th) which protects individuals against discrimination, yet upholds the 1st amendment which gives every person the right to “define” their own faith/religion.

    With NO clashes between them.

  10. To those who argue that the recent SCOTUS ruling making it illegal to discriminate against gays, or others, based on religion/faith, will FORCE them to “go against their religion” (often saying that the ruling is an ‘attack on religion’), I have this to say:
    In America, everybody has the right to CHOOSE their line of work.
    If serving gays “goes against your faith”, then CHOOSE another line of work which does NOT “force” you to “go against your religion”.

    Therefore your right to define, and practice, your faith/religion, as protected by the 1st Amendment, will NOT be violated.
    Nor will the right of any person to not be discriminated against, which is protected by the Equal Rights amendment (the 14th), be sacrificed.

    You are FREE to CHOOSE (your profession).
    You are NOT free to discriminate.

  11. Well said Robyn. I do agree with you.
    I must say it has been quite a week brought to us by the Supremes.
    I’m 65, and it’s been my experience, that when they do somewhat surprising decisions like they did this week, they turn around and do something really drastic like, oh, let’s say, reverse Roe v Wade.
    I’m very afraid………….

  12. Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges.
    Sandra Day O’Connor

    No man is above the law and no man is below it: nor do we ask any man’s permission when we ask him to obey it. Obedience of the law is demanded; not asked as a favor.
    Theodore Roosevelt

  13. Mostly-excellent article, Rmuse, but I do have a bone to pick with you on behalf of a number of my Jewish friends. The Christofacists are NOT using an ancient Jewish text. They are using an adapted (and often mistranslated) variant of an ancient Jewish text, with additions and interpretations of their own devising often in conflict with Jewish interpretation of the Jewish text.

  14. I don’t suppose there is a properly translated to English and annotated with correct Jewish interpretations Tanakh anywhere available EvilFerret?

  15. I thought the same thing on Friday. Both decisions this week, upholding obamaCARE and marriage equality was a good financial decision for the country. I fear women’s rights to choice will be taken away.

  16. The Republican Party is laden with Bible-thumping politicians and pundits who treat the Constitution in a manner similar to how they view the Bible — as something to be cherry-picked to support and rationalize a preconceived conclusion.

    To that end, court decisions can be summarily ignored if said judicial outcomes do not validate their particular set of Christian beliefs.
    Another reason why religious dogma and public policy make poor bedfellows.

  17. …a Jewish friend told me the same…in fact stating “The Teahadists not only corrupt in the physical world, they’ve corrupted OUR Scripture beyond recognition…if they are truly Christians, they should be studying and following the teachings of Jesus Christ…{laughing} God wrote the Christians thier own book; thier own TESTAMENT;and they ignore it because Jesus was a liberal!!!”
    …if they wanna destroy our country by corrupting it, tearing up the Constitution and rewriting it in thier image…THEY CAN FLUCKING LEAVE WHILE THEY STILL CAN!!!
    ’nuff said…

  18. That’s why the GOP are attempting to rewrite history and the Constitution. Both are suppose to represent their narrow minded views only. Hitler was the same way, was he not?

  19. Although 2,000 year ago is a long time back, God’s prohibitions against homosexuality (men or women, are found in the New Testament (Romans, 1 Corinthians and Revelations, among others). That being said, religion has no place in politics, and we all here deserve equal treatment before the law.

  20. Actually, whether anyone likes it or not, the marriage license is based on a law and the 14th Amendment demands we must have ‘equal treatment under the law’.
    End of issue.
    US Senate Candidate 2016

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