It is terribly depressing that lost in all of rhetoric surrounding same-sex marriage is the fact that the U.S. Supreme Court’s responsibility is to determine whether or not the laws in the cases before it are constitutional. To the contrary, what I see in the news is discussion of everything but that.
Justice Samuel Alito is quoted as saying that “same-sex marriage is very new.” What does the newness of same-sex marriage have to do with whether or not the laws before the court are constitutional?
Justice Anthony Kennedy is quoted talking about “uncharted waters.” Don’t most constitutional issues deal with uncharted waters? They need to quit whining and do their job!
The U.S solicitor general argues that there “is a cost to waiting” to decide the issue. What does “cost of waiting” have to do with constitutionality?
Further, I note that the Constitution is silent on marriage and that it is historical precedent that marriage falls under Amendment 10 to the Constitution as a power reserved to the states. The people in states like Washington have spoken and made same-sex marriage legal. To make that decision is their right.
The Supreme Court justices should honor the Constitution, and the people of the states, and deal with the matters of constitutional law, not social opinion.