Traditional marriage has been around for thousands of years. Same-sex marriage is very new. I think it was first adopted in The Netherlands in 2000. So there isn't a lot of data about its effect. And it may turn out to be a—a good thing; it may turn out not to be a good thing, as the supporters of Proposition 8 apparently believe.—Supreme Court Justice Sam Alito, during oral arguments on Prop 8 yesterday. (The full transcript is here [pdf].)
But you want us to step in and render a decision based on an assessment of the effects of this institution, which is newer than cell phones or the Internet? I mean we—we are not—we do not have the ability to see the future. On a question like that, of such fundamental importance, why should it not be left for the people, either acting through initiatives and referendums or through their elected public officials?
Ha ha ha WHUT.
This is literally one of the worst arguments I've ever heard, for about a million different reasons, but in serious response to his incredible question "why should it not be left for the people" to decide, I would like to again quote this old John Rogers post:
[W]hen the Supreme Court struck down the bans against interracial marriage in 1968 through Virginia vs. Loving, SEVENTY-TWO PERCENT of Americans were against interracial marriage. As a matter of fact, approval of interracial marriage in the US didn't cross the positive threshold until -- sweet God – 1991.The reason we don't leave it for the people is because rights of marginalized people shouldn't be dependent on whether privileged people choose decency over the maintenance of undeserved privilege.
Somehow I suspect that a United States Supreme Court Justice is not unfamiliar with the concept of tyranny of the majority, and yet here he is, talking some rank bullshit like that ain't A Thing.
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—Supreme Court Justice Sam Alito, during oral arguments on Prop 8 yesterday. (The full transcript is blog comments powered by Disqus