Demeaning Americans and Destroying the Constitution (February 26, 2014)
Constitutional law is becoming less about whether a law violates a provision of the constitution and more about making sure someone isn’t offended by it. At least that that seemed to be the thinking of the federal judge who ruled that Kentucky’s same-sex marriage ban was unconstitutional, saying that the ban was irrational and did nothing but demean same-sex relationships.
But if a law is unconstitutional because it “demeans” someone, is any law constitutional? After all, by calling the ban irrational, didn’t the Kentucky judge demean Americans who believe marriage is between a man and a woman?
The worst part is the judge’s reasoning was eerily similar to the reasoning used by some Supreme Court Justices. If this trend continues, then the constitution will wind up protecting only those whose lives and views meet with a judge’s approval.
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Read more about this issue in David Fowler’s recent commentary, Demeaning Tennesseans and Destroying the Constitution