In the aftermath of the Supreme Court's monumental decision to legalize gay marriage, many are asking how a country that once overwhelmingly supported traditional marriage could come to this.
We can largely give the credit/blame to one man - Associate Justice Anthony Kennedy who was appointed to the Supreme Court by Ronald Reagan in 1987. Kennedy was not Reagan's first choice. Reagan first nominated Robert Bork, a brilliant conservative legal mind who scared the liberal Democrats then in control of the US Senate. Bork's nomination was defeated by a 58-42 votes. Six Republicans voted against him. Reagan then nominated Douglas Gingsburg, who in a less 'enlightened' age had to withdrawal after admitting to marijuana use as a young professor.
So Anthony Kennedy was Reagan's third choice. The fact that he was approved by a vote of 97-0 in the Senate should be a clue that liberals knew he was not going to judge like a conservative.
The number of important Supreme Court decisions where Kennedy was the decisive vote has changed America in a direction that would cause Reagan to turn in his grave.
- In 1992 Kennedy provided the needed vote to reaffirm the right to abortion.
- In 2003 Kennedy struck down Texas sodomy laws.
- In 2013 Kennedy struck down the Defense of Marriage act.
- In 2015 Kennedy now rules that same sex marriages must be allowed nationwide.
Had Robert Bork made it to the Supreme Court he would not have voted the same as Kennedy. (Bork died in 2012).
Bork has the dubious honor of having his named turned into a verb. To be 'borked' means to receive a judicial decision with no justification in the law. Kennedy has been criticized as a judicial activists who overlooks the constitutional based opinions of his conservative court colleagues.
In the current same sex marriage case, Kennedy borked America.
In the 1960's America used the legislative process to bring about the civil rights laws. Kennedy's ruling denies America the opportunity to take the same path to resolve the same sex marriage controversy by the voice of the people. Instead, Kennedy provided the vote needed to irrationally deny thousands of years of tradition and redefine marriage to the detriment of society.
Gay activists are not going to stop with this victory. Look for pro-gay lifestyle actions in public schools and the public beliefs of Christians regarding the sin of homosexuality treated as a hate crime.
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