No Viviane, "So your complaint is "The U.S. Constitution, legislative, executive and
judicial branches worked exactly as designed, but I don't like the
results"?"
I say that the constitution is for checks and balances and separation of powers there was none in that case.
I agree fully with the dissent on law principles.
"But this Court is not a legislature. Whether same-sex marriage is a good
idea should be of no concern to us. Under the Constitution, judges have
power to say what the law is, not what it should be. The people who
ratified the Constitution authorized courts to exercise "neither force
nor will but merely judgment."" and
" The fundamental right to marry does not include a right to make a State
change its definition of marriage. And a State's decision to maintain
the meaning of marriage that has persisted in every culture throughout
human history can hardly be called irrational. In short, our
Constitution does not enact any one theory of marriage. The people of a
State are free to expand marriage to include same-sex couples, or to
retain the historic definition."
The dissenters said to leave it to the legislature and the people as it has been. That is what works best if no one is being hurt by that. The petitioners in this case were not hurt by leaving things alone. The Supreme Court works best when it helps the oppressed like in the Barnette case and in the aftermath of Gobitis when their wrong ruling caused more violence against JWs and and the court stated that the proper recourse for dissent was to try to change the school policy democratically. But what of in the mean time? Failure to comply was considered "insubordination" and dealt with by
expulsion. Readmission was denied by statute until the student complied.
This expulsion, in turn, automatically exposed the child and their
parents to criminal prosecution; the expelled child was considered
"unlawfully absent" and could be proceeded against as a delinquent, and
their parents or guardians could be fined as much as $50 and jailed up
to thirty days. That was a penal law that penalizes. So it had to be reversed. Thus West Virginia v Barnette was beneficial.
Since it is split liberal v conservative, the ruling can not be taken seriously. It was scripted. If one person had gone the other way, the ruling would have been different. 5-4 majorities are considered bad rulings.
Don't get me wrong. I'm not against gays. I like how they push the envelope like Game of Thrones pushes the envelope as to what is shown on TV. But there are hate crime laws and anti discrimination laws already.