Wednesday, January 20, 2016
Obergefell and Due Process
By deciding Obergefell under the due process clause of the Fourteenth Amendment, Justice Kennedy declared the civil recognition of same-sex "marriage" to be a pre-political right. If a right is pre-political, then it can be exercised without government interference. Yet, the "right" to civil recognition of a relationship obviously cannot be exercised without government interference. The central holding of Obergefell rests, therefore, upon a rather blatant logical contradiction. Law is supposed to be rational. The Obergefell decision is fundamentally irrational and, therefore, cannot command any obedience or respect from a rational citizenry.