As is shown by the Ten Commandments, to cite an obvious example, laws can be positive or negative. That is, they can positively demand a certain behavior, or proscribe a particular activity. Clearly, both approaches can lead to improvements in the social order, and at a basic level are essential.
Evidently, though, the Ten Commandments were not enough for the Israelites, since hundreds more laws were created, and even these were not sufficient in themselves, as the Talmud came into being, detailing yet more rules and interpretations. Factions would form, and the very Law that should create harmony, would do just the opposite. Bear in mind that all this took place well over a thousand years before our country was founded, supposedly, as a “government of laws, not men.” Perhaps our Framers forgot about what can happen with laws, or perhaps they assumed that a free association of formerly sovereign states, strong in their own traditions, and guided by rational men, would somehow transcend this near fatal flaw.
Our Constitution, as originally ratified, is largely concerned with the organization of the government, and surely fulfills the intent of the preamble. But most Americans, since the Civil War, are far more familiar with the amendments, notably the first ten, or the Bill of Rights (1791). Mark well that these amendments protect the citizen FROM the government exercising unjust and excessive power.
All this was to change in 1865. The 13th amendment was the transition. It prohibited any state from allowing the otherwise non-governmental institution of slavery to exist within its borders. Thus, the slaves were freed! But, in so doing, the Constitution, and therefore the Federal government, became the GRANTOR, not merely the protector of rights. Section 1 of the 14th amendment established the notion of “equal protection,” which was most notoriously used in Roe v. Wade (1973) to normalize the national “right” to abortion. I’ve covered much of this ground before, but please stay with me.
It is inevitable that some state will legalize gay marriage, and despite other states enacting laws of non-recognition of these marriages, in the end a “Roe v. Wade Junior” Supreme Court case will normalize the national “right” to gay marriage. Understand that under the current rubrics of constitutional law, no rational or legal argument can be made against gay marriage. Opponents can invoke tradition, religion, and even the rights of the majority, all to no avail.
Religion is out because of the so-called doctrine of the separation of church and state; majority rights are a non-starter since the government has been in the business, for 139 years, of granting minority rights, and nearly all of these have trampled upon the rights of the majority; tradition is definitely out since the biggest tradition of all is 139 years of legal precedent.
The only way to prevent gay marriage is with a constitutional amendment, but its passage or even introduction is by no means assured. Politicians are by nature cowards, and are loath to stand up on this issue, especially against media outlets that will largely be in favor of it. Politicians are also by nature stupid, and haven’t caught on that the influence of the traditional media is waning. Ironically, Howard Dean understood this up to a point, and used the Internet to raise money, but should have run as an independent, as there was no way that the Dem power structure was going to let him show that they were superfluous.
The Dems will have problems on this issue since they must have lockstep Black support to win an election, and many Blacks are not happy with gay marriage. Meanwhile, all the pseudo-cons and neo-cons will waffle on the matter, mouthing platitudes about how sacred the Constitution is, and how it should not be tinkered with so rashly. The truth, of course, is that you can TRY messing with the Constitution all you like, but to PASS an amendment is a very big deal.
But, if enough people get ticked off by excesses of the radical homosexual agenda, an amendment will pass—and quickly. Remember that Pearl Harbor was enough to let FDR incarcerate thousands of innocent people. And the odds are that the radical gays WILL push the envelope too far for most Americans. We’ll see.
As it is, the only hope we traditionalist heteros have is in the grass roots, as the silence from most institutions so far has been deafening. At least we can find some comfort in noting that it took 139 years for things to get this screwed up.