Conservatives Have the Wrong Concept of the SCOTUS Ruling Concerning Marriage

My dear conservatives, I realize that you like to frame the recent ruling as an assault on your religious liberties but it is infact nothing of the sort. It is not an attack on your religious convictions, nor it is a way to eat at the power of religion. Let me explain, so you can understand.

There are three spheres to my rights, your rights and everyone’s rights. These spheres are Public, Private and Personal. Each of these spheres overlap somewhat on each of the other spheres. It is only on these overlaps in which rights are limited. No right is unlimited. None whatsoever. Here is an example of your rights and these spheres. You can run around your house screaming fire all you want. However, if you do that in a crowded movie theater then your right becomes limited to the extent of the law.

How this works in conjunction with the Constitution is that religion is expression is mostly unlimited in the private and personal spheres but it limited in the public sphere. You are allowed to express that you are a religious person, you can wear religious items and express you religion but all and only up to a point, in the public sphere. What you might not get, is this applies to everyone. I realize it may not seem like it but it does.

Now, the ruling concerning same sex marriage only applied to the public sphere and the overlaps, that are in the public sphere. So, like if you own a bakery in the public sphere, open to the public, then you can not discriminate by using your rights of religion because they are limited in the public sphere. However, you can refuse to bake a cake for a same sex wedding if you are in your own kitchen.

So you can see, your rights are not being violated. Your rights were already limited in the public spheres, just as mine are, the guy next to you or anyone else. The reason being is that all rights must be accommodated but that accommodation has limits and thus rights are limited in the public sphere.

As far as the SCOTUS creating new law, there is no new law. Equal protection means equal protection. It is right there in the Constitution. The cry of states rights always comes out when the minority wants to rule the majority. It was the same with slavery, segregation, and gay rights. Those Justices did their jobs because Congress didn’t do theirs.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s