The absurd idea that compromise was ever going to work was… absurd. The left doesn’t compromise, instead it uses each compromise as proof of insincerity. The only way to beat the left is to never compromise with the left. Once you try to find common ground, then you’ve given up the fight in a fight that never ends.
Civil unions were supposed to be a compromise. Instead Obama’s corrupt Justice Department is arguing that civil unions for homosexuals are proof of discrimination.
Obama and Holder have taken the position that any laws that gay lobbies don’t like should be “subject to heightened scrutiny”, which is another “Guilty until proven innocent” dodge that really means that no such laws can even be found legitimate because they are inherently illegitimate.
Naturally Obama Inc. rejects democracy out of the gate. “petitioners contend that Proposition 8 serves an interest in returning the issue of marriage to the democratic process. But use of a voter initiative to promote democratic self-governance cannot save a law like Proposition 8 that would otherwise violate equal protection.”
Not that Obama believes in any self-governance whatsoever. A poll purports to show that a majority of California voters support gay marriage. Why not take it to a referendum then? Because the whole point of using the judiciary to override self-governance is to demonstrate the power of leftist officials over people.
And of course there’s no room for moral judgement. “Protecting children from being taught about same-sex marriage is not a permissible interest insofar as it rests on a moral judgment about gay and lesbian people or their intimate relationships.”
But of course endorsing the construct of gay marriage is already a moral judgement. The government has the right to make moral judgement about the intimate relationships of polygamists. So clearly such a right does exist. The left favors altering the definition of marriage to mean two men in Miami Beach, but not two men and a woman in a Jersey City Pakistani emigre community. Why not?
Civil unions emerge as a bait and switch scam. Recognize them and you mandate gay marriage.
Same-sex partners in California may, inter alia, raise children with the same rights and obligations as spouses; adopt each other’s children; gain a presumption of parentage for a child born to or adopted by one partner; become foster parents; file joint state tax returns; participate in a partner’s health-insurance policy; visit their partner when hospitalized; make medical decisions for a partner; and, upon the death of a partner, serve as the conservator of the partner’s estate. Pet. App. 49a-50a. California has therefore recognized that same-sex couples form deeply committed relationships that bear the hallmarks of their neighbors’ opposite-sex marriages:
Proposition 8 nevertheless forbids committed samesex couples from solemnizing their union in marriage, and instead relegates them to a legal status—domestic partnership—distinct from marriage but identical to it
in terms of the substantive rights and obligations under state law.
And once you let in gay civil unions, then a case can be made that you recognize the existence of gay partnerships, but discriminate against them in the area of gay marriage. Compromise fail.
Gay marriage, according to Obama Inc. and its wealthy gay donors, is now a Constitutional right.
Proposition 8’s denial of marriage to same-sex couples, particularly where California at the same time grants same-sex partners all the substantive rights of marriage, violates equal protection. The Fourteenth Amendment’s guarantee of equal protection embodies a defining constitutional ideal that “all persons similarly situated should be treated alike.”
For now, Obama Inc. is just applying that constitutional right to California and civil union states, but the clear meaning is that it applies nationwide.
If gay marriage is an equal protection issue, then every state must enact gay marriage. The Supreme Court may not uphold that particular misinterpretation of the Constitution, but they will also have to stop Obama from mandating it through various legal and illegal means.