Cal  Thomas

Anyone desiring a preview of what the federal judiciary would look like under a Barack Obama administration need look no further than a narrow ruling by the Connecticut Supreme Court allowing same-sex "marriage."

By a 4-3 margin, the high court deprived Connecticut citizens of the right to limit marriage and, thus, societal approval, to the legal and covenantal relationship between a man and a woman.

The ruling cannot be appealed, in keeping with the dictatorial mind-set of the majority.

The court majority bought the legal pabulum served up by attorneys for the plaintiffs that denying same-sex couples the right to marry is akin to once prevalent laws prohibiting interracial marriage, as well as laws that discriminated against women for certain jobs and relegated blacks to "separate but equal" schools and other public venues.

Writing for the majority, Justice Richard N. Palmer revealed his acceptance of the liberal doctrine of a "living Constitution" constantly in need of updating in keeping with the times: "Šour understanding of marriage must yield to a more contemporary appreciation of the rights entitled to constitutional protection." Using such a standard, if the "understanding" of the endowed rights of blacks were to devolve to a pre-civil rights-era acceptance of black inferiority, would Justice Palmer argue that blacks would then have to give up their rights in order to serve "contemporary appreciation"? And what else would Justice Palmer and his three colleagues allow to be determined by contemporary whim?

Peter Wolfgang, executive director of the Family Institute of Connecticut, accused the majority of behaving like "robed masters" and "philosopher kings." He added, "This is about our right to govern ourselves. It is bigger than gay marriage." He is correct, of course, but such notions are beginning to fade as more of us either don't care, or are willing to trade a ruling class - in this case the courts - for individual freedom and the right to shape societal norms and mores from the bottom up, not the top down.

Connecticut becomes the third state - Massachusetts and California are the others - to sanction same-sex marriage. California has a measure on its November ballot, Proposition 8, to reverse a state Supreme Court ruling and preserve marriage between men and women.


Cal Thomas

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Cal Thomas is co-author (with Bob Beckel) of the book, "Common Ground: How to Stop the Partisan War That is Destroying America".
 
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