On Wednesday, yet another activist judge decided to impose his definition of marriage on an unwilling state, this time in Kentucky.
There’s so much nonsense in the ruling, like so many that have come before it, that it’s hard to know where to begin.
The federal “judge”, John Heyburn, dragged out all the same old canards. He repeated the completely nonsensical claim that marriage has nothing to do with procreation because not each and every married couple in America has a child (If all laws must correlate 100 percent with their aims in order to be rational, then we’re going to have to get rid of a lot more laws). And of course he invoked the phony Loving v. Virginia analogy.
But his most egregious move was to completely contradict the Supreme Court’s decision in United States v. Windsor, while purportedly using that very decision as the basis for his irrational ruling.
The Supreme Court’s Windsor decision was an incoherent mess, but that isn’t why Heyburn chose to directly contradict its holdings. No, he claimed to be following the precedent while violating it.
In short, the essential holding of Windsor was that it is the states’ prerogative to define marriage, not the federal government. Following the precedent would have required Heyburn (himself acting as part of the federal government) to uphold Kentucky’s legal definition of marriage. But the “judge” ruled just the opposite. He threw out the state’s definition, supposedly on the basis of Windsor. Eric Holder’s DOJ is doing the same thing. So we have federal officials overturning state definitions based on a Supreme Court ruling that said it’s the states, not the feds, who have the power to define marriage. It’s all really just Orwellian.
None of it is based on reason, on the law, or on the Constitution. The “progressive” elites of our society want marriage to be redefined, so they can preen about how “tolerant” and “progressive” they are, and so it shall be done, by any means necessary. Nothing like the rule of law or respect for representative government is going to stop these people.