The question is whether or not the Supreme Court should ever speak to or address evolving social trends. Is the U.S. Constitution an article of governance or was it intended as an omnipotent, ever-evolving, behavioral endorsement-tool? If one were to study the Federalist Papers then it will be clear that though the Constitution is indeed an article of governance it is most important to understand that it addresses the scope of governance; quite specifically it attends to the limited domain in which government is permitted to function.
And so, from this perspective, I don’t believe that the court has any ground to respond to the “Gay” issue; the constitution gives quarter (standing) to matters based on sex (male/female) and race. If they rule on this current issue in any way other than to return it back to the States (10th Amendment) then they are acting contrary to the Constitution. If they do render a decision then they are, in effect, establishing an entirely new protected class and one which, on any reasonable/rational basis, was never to be considered as, even in the 1700’s, alternative lifestyles existed.
Lastly, often you’ll hear the reference to the “equal protection” (a portion of the 14th Amendment) being cited. It’s a grotesque distortion of this post-Civil War/Reconstruction Era Amendment the single and sole purpose of which was to void the 3/5ths rule (this was a compromise offered by James Madison to the South in order to get their signatures on/to the Constitution, as I recall, circa 1787) that counted Slaves as 3/5ths of a whole. The 14th Amendment thus gave the now free blacks the same standing, constitutionally speaking, as other Americans.
The argument used by the LGBT community is, in every sense, a complete distortion. Either way, even if only on anthropological terms, the entire argument (like Roe vs. Wade) is merely a human generated argument based entirely on many a false premise attempting to construct an open endorsement of human impulse and the court should leave to the people themselves to resolve on a State by State basis.
Curtis C. Greco, Founder