The Daily Parker

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Marriage equality and Passover

Something about the Seder I went to last night and the marriage equality cases currently before the Supreme Court got me thinking along these lines:

The wise son asks, "What are the statutes, the testimonies, and the laws that the Constitution has commanded you to do?"

To the wise son, you say: The 14th Amendment gives every citizen equal protection under the law. The 10th Amendment reserves powers to the States that aren't specifically granted to the Federal Government. And the First Amendment prohibits the establishment of a national religion.

The wicked son asks, "What does this mean to you?"

By saying "you," he separates himself from the rest of the United States, and its rich tradition of liberty and tolerance. You say to him,

JUSTICE SCALIA: When did it become unconstitutional to ban same-sex marriage? Was it 1791? 1868?

TED OLSON: When did it become unconstitutional to ban interracial marriage?

JUSTICE SCALIA: Don’t try to answer my question with your own question.

Or, more succinctly, "Sod off, Tony."

The simple son asks, "What is this?"

Explain to the simple son that the founders of the United States created a system in which things that hurt no one are generally tolerated, so unless there is a rational basis for legislation, and the benefits of the legislation outweigh the harms, it must be overturned.

What about the son who is too stupid to ask a question?

In this case, just ignore him. He's a partisan hack without sufficient intellect, curiosity, or temperament to serve as a justice of the peace in South Podunk, let alone the highest judicial body in the country. And you know how he's going to vote regardless of the facts or law anyway.

Now go learn.

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