Friday, June 26, 2015


The Supreme Court in a 5/4 ruling - Justice Kennedy writing the majority opinion with Chief Justice Roberts dissenting, found marriage is a fundamental right.  Nothing new here.

What I love most about the opinion is it vindicates my Master Thesis on Juridical Methodology on the Supreme Court.  The Court recognized the importance of the democratic process while also noting our understanding of liberty changes as we learn more about one another and the impact certain laws have on people.  They noted as social norms change, the concept of liberty will also change. 

Note the social construct on gender begins with a caveman grunt.  Social norms about women and their role in society have evolved ever since.  This is not new - it is just rejected by the anti-science - anti-history - anti- reality bigots.

A 200 year review of Supreme Court opinions, while working on my thesis showed this pattern, which in turned formed the basis for my Master Thesis in American Government

Click for Opinion

The last paragraph on page 28 of the opinion says it all.  It defines the essence of marriage - if you cannot agree with this, then you miss the entire point of marriage.

The opinion and in particular the last paragraph of the opinion are lovely.  Justice Kennedy in his opinion celebrates marriage in a way I hope will make marriage an even stronger institution.  One might consider that maybe the high rate of failure in marriage comes from those who reduced it to genitalia instead of how Justice Kennedy sees marriage.


Just because you can marry - do not do it - remember once you marry, unless you have an enforceable prenup, the state decides your life if you get divorced.  I do not believe in state sponsored marriage for anyone.  For me, I should be allowed to sign a prenup announcing our marriage, file it with the county clerk, and then for legal purposes be married.  If the marriage fails the dissolution should be guided by the prenup.  Unless there is an enforcement issue with the prenup, I see no reason why the state should be involved - save the capacity to consent - which includes a minimum age.


Every major county in Texas has announced they will start to issue marriage licenses today, save Harris [Houston].

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