The Supreme Court ruled, 8-1, that Fred Phelps and his Westboro Baptist Church has the right to exercise his first amendment rights even at military funerals.
That’s the right result, not only legally, but for us, politically as well. We not only can’t stifle people who oppose us — even the most vile — we shouldn’t. While Westboro is the most extreme voice, the emptiness of their bellowing is hardly unique. And the more people listen to the clamor and blather, the more they come to support — or at least not oppose — us.
John Boehner had exactly that problem dumped in his lap last week. Defending DOMA is obviously something he doesn’t want to have to do, but the President’s savvy move put the ball in Boehner’s court anyway. Of course he’ll defend the case on behalf of his base, and of course it will be no big deal; does anyone really think his lawyers will come up with any new or original arguments? As the Prop. 8 case shows, there is little but fear and fixation underlying laws against same-sex marriage. Popular fear and fixation, certainly, but fear and fixation still.
So let him defend it. Better, let him try to distance himself from Fred Phelps at the same time. That’s his real problem, and Boehner seems smart enough to know that. If we’re very lucky, today’s Supreme Court decision will give Phelps a good boost of public attention, and I’m hoping we and John Boehner will be seeing more of him.
21 Comments for “God Probably Still Hates the Supreme Court Anyway”
posted by Rick Sincere on
It wasn’t that long ago that gay organizations were prohibited from sending their newsletters through the mail because the content was repugnant to society. This is a good decision that protects and benefits us all, even if the principals were ugly. (I mean principals, not principles.)
posted by Doug on
My problem with this decision is the venue for free speech. If Phelps wants to protest let him do it but not when it is designed to inflict emotional harm on others.
Would Justice Thomas think it was ok if protesters stood outside his church and yelled ‘God hates (‘N’ word)?
posted by North Dallas Thirty on
Please. The Obama Party and its supporters in the gay and lesbian community already call for Justice Thomas to be lynched and murdered, and he gets protests everywhere he goes.
When the Barack Obama Party and the gay and lesbian community are already telling people that Clarence Thomas should have his toes cut off and have them force-fed to him, how on earth can they be objecting to rhetoric designed to inflict emotional harm on others?
posted by Doug on
To quote Ronald Reagan “there you go again”.
posted by Jorge on
You waste too much time on him. Just call him a racist and be done with it.
posted by Jorge on
Would Justice Thomas think it was ok if protesters stood outside his church and yelled ‘God hates (‘N’ word)?
Justice Thomas answered that question a long time ago in a Ku Klux Klan case. Know your history before you put your foot in your mouth.
posted by Houndentenor on
The problem with that argument, Doug, is that they weren’t standing outside the church shouting anything. They were restricted to an area nowhere near the church. No one going in and out of the church saw or heard the protest.
Any decent person is offended by the signs and chants of the Phelps Clan. The problem is that any law that can restrict their speech could also be used to restrict your speech as well.
posted by Doug on
That’s just bs. Atlito is correct when he said ‘Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case.’
Phelps is only protesting at funerals and mostly military funerals. The military does not run this country. What about my profound religious believe to bury my son or daughter in peace?
posted by BobN on
I’m all for free speech. Pity we didn’t have this much of it a few decades ago. Would have come in handy.
posted by M James on
We should all be grateful to live in a free society. Today France has chosen to take an obviously drunk, alcoholic, emotionally shallow fashion designer to court as punishment for his hateful, vile, anti-Semitic, pro-Hitler ramblings – the United Stares has allowed equally vile speech to be spoken in public – at the funerals of our servicemen. Our approach honors the legacy of our fallen American warriors by preserving the cause for which they fought – the other stands to call out the memory of the man we defeated in WW2 to preserve French freedom.
posted by George Vreeland Hill on
Part one:
Fred Phelps is an idiot.
Part two:
When two people get married, it is because they love each other.
They want to be together in a bond that makes them one with each other forever.
It is a wonderful thing to have such a bond.
It is special.
It is love.
When a man and a woman get married, no one blinks an eye.
If two men or two women do the same, then many people do not approve.
They claim that it is not right or that it soils the real meaning of marriage.
What is the real meaning of marriage?
The answer to that question is in line one of this article.
It is because they love each other.
Does it matter if the couple is gay or straight?
Should it matter?
No!
After all, why should it.
Gays want their equal rights and among those equal rights is the right to be married.
I agree with wanting equal rights.
We are all people which means we are all the same.
It does not matter if someone is gay, white, black, a man, a woman, tall, short, young, old or whatever.
We all want our equal rights.
That is our right.
However, we need to go beyond equal rights when it comes to gay marriage.
Society needs to understand that any marriage is not about the right to be married.
It is about wanting to be married as a loving couple.
Love is not something that should be decided on by voters.
It is not a court issue either.
It should not be an issue at all.
Marriage is between two people in love.
It is not between two people, the voters, the courts and anyone else who has an opinion.
Gay marriage does not bring down the meaning of marriage.
It makes the true meaning of marriage even better.
That is what love does.
It makes things better.
Society has come a long way in the last fifty years in terms of equality, but we still have a long way to go.
It is a shame that love is something that needs to be fought for.
I am not gay, but I am the same as you as you are to me.
May love conquer all.
George Vreeland Hill
posted by North Dallas Thirty on
So George, since pedophiles love children and children love them back, shouldn’t they be allowed to get married? Or brothers and sisters who love each other? Or multiple individuals who all love each other?
posted by Houndentenor on
Really? The pedophilia equivalency argument? I get that you have respect for other gay people, but you should at least have more respect for yourself than that.
posted by North Dallas Thirty on
I do, Houndentenor.
That’s why, I posit, I have no problem leaving marriage to the opposite-sex couples. I simply am not threatened by acknowledging that their relationships are different than mine and are, in fact, something that is beneficial for society on a large scale on a level that mine aren’t.
Perhaps if you would develop a sense of worth based on your accomplishments rather than on forcing others to pander to your sexual orientation, you would have a similar perspective.
posted by BobN on
Are you in a Domestic Partnership, ND?
posted by North Dallas Thirty on
A registered one? Nope.
posted by BobN on
I find it very hard to believe that, as the years pass, you will never come across situations in which a little “pandering” from society’s legal structures won’t come in handy.
But, hey, results will differ…
posted by Wilberforce on
The decision was correct. It’s just annoying.
When confronted with the Phelps crew, or a certain deeply ignorant and deceitful person on this site, it’s important to remember that the law also protects honest, brilliant, and liberating speech.
posted by Tom on
As the Prop. 8 case shows, there is little but fear and fixation underlying laws against same-sex marriage. Popular fear and fixation, certainly, but fear and fixation still.
So let him defend it. Better, let him try to distance himself from Fred Phelps at the same time. That’s his real problem, and Boehner seems smart enough to know that. If we’re very lucky, today’s Supreme Court decision will give Phelps a good boost of public attention, and I’m hoping we and John Boehner will be seeing more of him.
We’ll know what Boehner is going to do today, it looks like. And he’s got a real problem. The “fear and fixation” crowd is getting smaller and smaller, more and more marginalized, wilder and wilder, as the tide turns against them. Meanwhile, the rest of the country is coming to see marriage equality as a good thing.
Recent results from two respected, national polls suggest that in just two years, there has been about an 8-point increase in the number of people who support marriage equality. The divide is now about a 50/50 split, well within the margin of error.
More telling, independent voters have become more supportive of marriage equality, moving more quickly than the general populace. A Pew Poll released this week shows that 51% of independents now favor marriage equality, up from 14 points from 37% in 2009.
Overall, voters have shown an eight-percentage-point increase in support of marriage equality since 2009. Currently, 45% say gay and lesbian couples should be allowed to marry, 46% are opposed, and 9% are undecided.
Boehner is going to have to defend a legislative history that is 15 years old, chock full of arguments then current but which have since been examined and found wanting. He’s going to lose the case, ultimately. And meanwhile, during the next two critical years, the Republican Party is going to be stuck with DOMA defense, fighting the Lost Cause once again.
DOMA repeal is going to turn out just like DADT repeal did, with the Republicans in Congress looking obdurate and trenchant well after the rest of the country has moved on.
posted by Carl on
The “fear and fixation” crowd continues to have most of the money and power, and ties to powerful politicians. The biggest problem is that those who support gay marriage just don’t seem to have the same level of success or tactics as those who oppose. Just look at the fiasco in Maryland, where former marriage equality supporters fumbled and fell down because of NOM pressure.
What I find bizarre is that Boehner is so insistent on saving money through slashing programs for the poor and needy, yet is willing to spend huge money on a DOMA defense. Will the “fiscal conservatives” call him out? I doubt it.
posted by James on
I actually agree with the ruling, though I don’t agree with the behavior. However, I wonder … where are all the cries of “Activist Judges” from our friends on the right? Oh yeah, that only applies when the judges support equality for “deviant” gays. If they rule in favor of equality for religious nuts spewing hate then that’s fine and dandy.