More on the Culture War

Justice Kennedy's Culture War

Talking about the current debate over a federal marriage amendment.

The key paragraphs-

So here we go again with another values issue about to become an endlessly polarizing national debate. Beltway politicians can posture knowing nothing much will change. This is the history of abortion since Roe v. Wade, with both sides at the same barricades 30 years on. The Founders left such thorny social issues to the states precisely to allow the democratic give and take that can reach a rough consensus, as well as adjust as social mores change.

(emphasis mine)

Unfortunately, it has become increasingly obvious (as he goes on to point out) that judges at the state level aren't honoring what the voters in their states do when it comes to referendums and even constitutional amendments!

As for liberals, they might consider that their best chance to change minds is through open state debate, not coercive courts. Polls show Americans are becoming more comfortable with civil unions and other gay rights. In fact, the best thing gay activists could do for themselves at the federal level would be to support repeal of the death tax, since under current law gay couples often lack inheritance rights. That would accomplish more than anything that will emerge from this week's political spectacle over amending the Constitution.

Hear, hear. I still maintain that one of the few benefits to allowing gay marriage is that their activists and lobbyists could get more done to repeal things like the death tax and the other inequities in the tax code for married couples.


Tags- Marriage Amendment, Culture War