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Maryallene Arsanto's avatar

I look forward to this series of essays, Dr. Thompson! I had several questions as I read, but it looks the three general areas you will examine should answer those questions. One question/thought I had was why does marriage need a political definition beyond the fact that it is a contract between consenting adults? Isn't marriage a matter of individual rights and leaving people alone to live their lives as they choose?

Richard's avatar

I have no particular objection to SSM nor interest in advocating for it but it never should have been imposed by judicial fiat. The court system is completely out of control on many more issues than this. You were much too kind to Chief Justice Taney. Had he stuck to the issues being litigated, the case would not be so infamous. Slavery is immoral but it was enshrined in the Constitution at the time and the Fugitive Slave Act was covered by the interstate commerce clause. However, he went beyond the substance, in ex parte conspiracy with the President, to declare that free blacks couldn't be citizens because then we would have to let them have guns. And then he declared the Nebraska Compromise to be unconstitutional. This was an accelerant to regional tension soon to lead to Civil War One. Or Two as some of your earlier writing argued.

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