Thursday, July 16, 2015

Amare est percipi civitate

In the penultimate paragraph of his majority opinion in Obergefell, Kennedy writes, "Their [same-sex couples'] hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions." By "one of civilization's oldest institutions" Kennedy must mean a civilly recognized marriage because that’s the institution from which same-sex couples had been excluded. They were never prevented from co-habitating or even from participating in “wedding” ceremonies. These relationships and ceremonies were not prohibited but simply unrecognized by the state.

Even if you are in a relationship, but one that is not recognized as a "marriage" by the state, Kennedy declares you condemned to the outer darkness of loveless loneliness.

Okay, well, fine, I was not in a civilly recognized "marriage" with my mother. That means that all the time I thought I loved my mother and she loved me, I was really lonely and incapable of love. Likewise with my father. I was not "married" to him, either. And it goes without saying that I cannot love all my aunts, uncles, cousins, and close friends because I have not been, am not, and shall never be "married" to any of them.

It is the state that enables you to love but only one person by recognizing the relationship with that one person as a "marriage". The Philosopher George Berkeley claimed that to exist is to be perceived. Unless something is perceived, it does not exist. Since there is an Omniscient God, Berkeley reasoned, everything that exists exists because of God's omnipresent and everlasting perception.

Kennedy's Majority Opinion in Obergefell constitutes a positivistic twist on Berkeleyism: Love can exist only if the state perceives it as "marriage". Esse est percipi becomes amare est percipi civitate. To love is to be perceived by the state. 

 It's not enough to love Big Brother, it seems, you must also acknowledge that love is impossible without Him.

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