And where this Court is concerned, forget any affinity for the Constitution's original intent, much less its reliance on absolute truths. Kennedy continued, "(The drafters of the Due Process Clauses of the Fifth and Fourteenth Amendments) knew times can blind us to certain truths, and later generations can see that laws once thought necessary and proper in fact serve only to oppress." Are we to infer from this that the writers of the Bible were blind to certain truths and that we can now safely discard them as outmoded, prejudicial and homophobic? This concept might be news to King Solomon, who told us "there is nothing new under the sun."
Justice Kennedy's endorsement of postmodern moral relativism and humanism is hardly new. In Planned Parenthood v. Casey (1996), he and his robed colleagues wrote, "At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State."
Oh well, we might as well throw out American sovereignty along with moral absolutes while we're at it. I'm not exaggerating. The Court virtually incorporated into the Constitution the ever-changing values of other nations -- "a wider civilization." "The right the petitioners seek in this case has been accepted as an integral part of human freedom in many other countries," said the Court. "There has been no showing that in this country the governmental interest in circumscribing personal choice is somehow more legitimate or urgent (than that of other nations)."
Swell. Now we not only have to contend with the erosion of traditional values from the aggressive moral relativism in our own country, but that of other even more "progressive" nations. What possible justification is there to consider, let alone adopt, as constitutional principles the values of other nations? The last time I checked, we didn't have an international constitution.
President Bush has provided badly needed moral leadership in our War on Terror. But while we're paying scant attention, our moral foundations are continuing to crumble from within. The president should use his bully pulpit to challenge this court publicly. Done effectively, it could lead to the filibuster-proof majority he needs to bring sanity to the judiciary.