Some GOP candidates are ‘unhinged’ about same-sex marriage ruling

Some GOP candidates are ‘unhinged’ about same-sex marriage ruling

[Ed. – Since it’s hard to be more unhinged than the ruling itself, I’m afraid this doesn’t impress me.  I commend and admire Will and other Old-Consensus pundits who have done great service to the republic, but they are not the intellectual leaders of our future.]

Anthony Kennedy’s opinion for the court said: “The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning .” (Emphasis added.)

Many conservatives detect in those five words a dismaying intimation of a “living Constitution” too malleable to limit government because it conforms to whatever shape serves transitory political and cultural impulses. Conservative wariness is wise. So too, however, is recognition that Chief Justice Warren was not wrong when, in a 1958 case concerning the Eighth Amendment’s proscriptions of “cruel and unusual punishments,” he said: “The amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.”

Such evolution is real and relevant. No one today thinks that branding and ear cropping, which were punishments practiced when the Eighth Amendment was ratified, are today compatible with this amendment. …

Marriage in America will be, over time, what Americans say it is, and last week’s decision came with almost three in four Americans already living in states where same-sex marriage is legal. …

It is, therefore, especially disheartening that Cruz, who clerked for Chief Justice William Rehnquist and who is better equipped by education and experience to think clearly about courts, proposes curing what he considers this court’s political behavior by turning the court into a third political branch. … Sixteen months before the election, some candidates are becoming too unhinged to be plausible as conservative presidents.

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