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Why Not Overturn Obergefell?

by American Greatness
July 5, 2022
in Around the Web
Why Not Overturn Obergefell?

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The fall of Roe v. Wade has demoralized the Left. After decades of forcing their policy preferences on Americans by judicial fiat, the pendulum is swinging the other way. The Left fears that its gains during the last 60 years of progressivism are in jeopardy, and they want to reform the entire political system, including a now supposedly “illegitimate” Supreme Court, to ensure that they are protected. These include not just the “right” to an abortion, but the right of gay people to marry each other, invented by the Court seven summers ago in Obergefell v. Hodges.

As the Supreme Court made clear in its courageous ruling in Dobbs v. Jackson Women’s Health Organization, a precedent is not fixed in the firmament because society takes it for granted. Either the Constitution means something, or it doesn’t. Either the people have a say in how their society is ordered, or they don’t. Why stop at Roe? Why not take up Clarence Thomas’ advice and start reviewing Obergefell and the whole array of “rights” that progressive courts have devised out of thin air using the 14th Amendment’s Due Process Clause?

Obergefell, like Roe, was a particularly arbitrary, extreme, and unjust imposition […]

Read the whole story at amgreatness.com

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