Wednesday, March 27, 2013

HOW SUPREME IS THE SUPREME COURT?

When the colonies were started in America, the blend of ethnicities, spoken languages, and religions made us  a 'melting pot'.  However, as we understand our biology better, we should include in that melting pot group all races, and all humans, regardless of condition granted by birth or Nature.

 All day, we the public, were offered sound bites and bits of what was happening in   Court as Prop 8 i California was being evaluated.  It was my understanding that the task for which the Justices are appointed is to evaluate the constitutionality of whatever is before them.  Since it was the media that chose what we were allowed to see, I presume, we shown some rather ridiculous exchanges between the Justices and the lawyers.  It was rather disappointing as I have seen mock courts by high school students with more ability to stick to their task.  Justice Scalia made it sound as though he thought he should be evaluating whether there as sufficient  on research to prove there will be no harm to heterosexuals and children.  It does not require a rocket science degree to know that it is not a relevant question. 

Brett LoGiurato writing for Business Insider has an interesting article on the question Justice Scalia asked.  Click here for the whole article.  Perhaps in keeping with his being an 'originalist', he asked when did it become unconstitutional for homosexuals to marry.  Attorney Olsen said he had no answer for that but focused on P{rop8 which had been voted in by California voters, despite it had previously been permitted and there are many 'married' homosexual couple married in California today.

We will be watching for the similar questions which must be raised as the court considers the Defense of Marriage Act (DOM).  To someone who thinks back to the least common denominator, as a rule, it seems pretty simple to me.  Our constitution says all men are created equal and gives us all the same rights.  While there is homosexuality observed among animals, we are limiting our Supreme Court to judging only for humans.  Therefore, homosexuals are human and should have equal basic rights with all other humans in our country.




 

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