‘Bonkers’: Constitutional Experts Reply to Obama’s Belief that the Constitution Protects Gay ‘Marriage’
Photo Credit: Shutterstock.comAs one state after another sees their marriage protection laws fall to activist judges citing the equal protection clause of the 14th Amendment as justification for redefining marriage, President Barack Obama has gone further than the Supreme Court, insisting there is a constitutional “right” to same-sex “marriage” in an interview with The New Yorker.
“Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all 50 states,” Obama told the magazine. But he said he respects the Supreme Court for avoiding a final ruling on the issue, saying he sees their procrastination as a “strategic” move to allow public support for same-sex marriage to build before making a decision.
“[Y]ou know, courts have always been strategic,” Obama said. “There have been times where the stars were aligned and the Court, like a thunderbolt, issues a ruling like Brown v. Board of Education, but that’s pretty rare. And, given the direction of society, for the Court to have allowed the process to play out the way it has may make the shift less controversial and more lasting.”
He made a similar argument in a 2001 public radio interview, in which he endorsed judicial and executive activism.
But two constitutional scholars with the Ruth Institute Circle of Experts strongly disagree with the president’s assessment of the courts – and his assertion that the Constitution protects homosexual “marriage.”
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Teaching in high schools in New York City for twenty-one years, it was disturbing to see that U.S. history textbooks often distance themselves from open praise and delight at the system of government our country enjoys. No sense of resounding gratitude is expressed for our Constitution. Federalism and checks and balances are dryly presented in a detached manner as mere mechanisms. There is no sense of honor accorded to the incredible vision of a government “conceived in liberty,” with the centers of power placed under wonderful constraints against tyranny.