Sodomarriage Foes Use Justice Kennedy's Words Against Him

by JASmius

Or at least, they're attempting to:

The pro-gay rights rulings of Supreme Court Justice Anthony Kennedy have been a key spark in the march toward legalized gay marriage. To counter the trend, same-sex marriage opponents now are seizing upon other opinions by Kennedy.

It was Kennedy who last month defended the right of voters to decide sensitive issues, in a ruling that upheld Michigan's ban on taking race into account in college admissions.

At least five states have invoked Kennedy's opinion in the Michigan case to argue that voters and elected officials, not judges, should choose whether same-sex couples can be married or have their marriages recognized within their borders.

This has a "closing the barn door after the horse is glue" feel to it.  That's not to say that the argument traditional marriage defenders are advancing isn't spot on; issues not specifically enumerated to the federal government by the U.S. Constitution should be decided on the state and local level either legislatively or by direct public referendum if state constitutions allow for it, not by federal judges from on high who don't know the Founders' original intent from their gluteus latissimus or do and see it as an obstacle to the Left agenda to be circumvented.  But remember where we are in this process: a decade ago the public stood overwhelmingly in the side of traditional marriage and against the Lavender Lobby's jihad against it.  So the Left, just as with abortion in 1973, used the federal courts to impose their policy preference anti-democratically, and used that imposition to erode that public rectitude to the point where now, the sodomists are winning marriage referenda across the country.

Lefties will still resist the notion of democracy over autocracy just on reflex and general principles.  But as a practical matter, when it comes to sodomarriage, they no longer have to fear subjecting their dictates to a public vote.  So putting such a heavy emphasis on democratizing the sodomarriage fight is a pyrrhic effort, to say the least.