AL Supreme Court orders probate judges not to license same sex marriages

[pbrower2a]

Judge Roy Bean -- excuse me, Judge Roy Moore -- has a poor record in courts upholding his decisions. I predict that he will get a judicial smacking very fast, most likely a ruling of "no standing".

[pbrower2a]

Just out of interest CJK, and moving this away from your more scatological concerns, would you agree with your own position expressed earlier, that by extension it is possible to uphold the ban on interracial marriage as that didn’t stop blacks from marrying, as long as they married other blacks.

The fact that blacks could actually love a white person (and vice versa) and there wasn’t anything suspect about it, there wasn’t anything unnatural about it, there wasn’t a threat to the family, or to marriage or society or the church of whatever didn’t count for anything when that law was still in place. And the only reason it didn’t count for anything in law, was that the state arbitrarily decided that black people marrying white people was a threat.

Bans on SSM look similar in spirit to the old bans on interracial marriage. States have authorized SSM without getting obvious bad consequences. Oh, it disgusts people? Tough luck! I don't want any blasphemy laws, do you?

It was in my opinion completely constitutional, whether or not it was morally right. The court should not be reinterpreting the constitution no matter how noble minded. Even if the court had done nothing the racial restrictions would have eventually have been abolished. It would have been better to do that than traumatize both races. But I don't think you can equate racial restrictions on marriage, which was a pure American invention with the fundamental gender restrictions on marriage.