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If It Feels Good Do It - It's Now Probably Legal

If It Feels Good, Do It -- It's Now Probably Legal

Making Sense By Michael Reagan

The ruling by the Massachusetts Supreme Court giving gay couples the right to marry has proved what U.S. Supreme Court Justice Antonin Scalia predicted would be the result of the U.S. Supreme Court's striking down of Texas' sodomy law in the Lawrence case -- from here on out, anything goes.

Last June, for example, in his dissent, Justice Scalia scoffed at the idea that the U.S. Supreme Court's ruling does not address same-sex marriage.

"Do not believe it," he advised.

"Today's opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned."

"The court has taken sides in the culture war, departing from its role of assuring, as neutral observer, that the democratic rules of engagement are observed," Scalia said.

In that ruling the High Court, led by Justice Anthony M. Kennedy flatly stated that government has no interest in regulating what two consenting adults do in their bedrooms.

But Scalia wrote that Court's ruling "effectively decrees the end of all morals legislation. If, as the court asserts, the promotion of a majoritarian sexual morality is not even a legitimate state interest," laws criminalizing "fornication, bigamy, adultery, adult incest, bestiality and obscenity" cannot survive future court rulings based on the Lawrence case ruling. In other words, anything goes.

Think about it. If it's unconstitutional to forbid couples of the same sex to marry because it constitutes discrimination, and the U.S. Supreme Court has ruled that sodomy or other sexual behavior cannot be is treated as unlawful, what is to prevent a father from marrying his 12-year-old daughter, or a brother from marrying his sister or his brother, or for that matter, a woman from marrying her dog (as long, that is, as Fido is a consenting adult)?

The Massachusetts 4-to-3 ruling, was handed down by Chief Justice Margaret Marshall who has her own far left agenda, and who just happens to be the wife of the repulsively liberal former New York Times columnist Anthony Lewis, which says a lot about where she's coming from.

"We declare that barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution," Mrs. Justice Lewis said.

"Certainly our decision today marks a significant change in the definition of marriage as it has been inherited from the common law and understood by many societies for centuries," she wrote, and then added the deceptive statement: "But it does not disturb the fundamental value of marriage in our society."

Of course it does. It abolishes it.

The decision showed that Justice Scalia was right when he said the Texas sodomy case would come back to bite us. It just did, and the teeth belonged to the Massachusetts Supreme Court.

Once again we see the courts making laws instead of interpreting them. That's exactly what this Massachusetts court did. And the damage it will create will be national in scope.

A lot of that damage will come out of the "full faith and credit" clause of the U.S. Constitution, which says states must accept other states' judicial proceedings. In other words, if a gay couple marries in Massachusetts, the other 49 states will be forced to recognize their "marriage" as legally binding. As Gary Bauer, president of American Values notes: "People in very short order will move back to Alabama and Tennessee and demand that [Massachusetts] marriages will be recognized. At that point, you have got a constitutional crisis."

The real aim of the gay community's demands for legalization of gay marriage is government endorsement of their sexual behavior. They do not want to be monogamous as has been proven in Canada. Now that Canadian gays can get married they say they want to eliminate monogamy as a requirement of marriage -- in other words, they want a stamp of approval on gay promiscuity.

Not too long ago it was suggested that gays should have an island all their own where they could do whatever they want. Well now they have one. It's called Massachusetts.

Mike Reagan, the eldest son of President Ronald Reagan, is heard on more than 200 talk radio stations nationally as part of the Premiere Radio Network. Comments to mereagan@hotmail.comfor Mike.

© 2003 Mike Reagan.Mike's column is distributed by:

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