When the Supreme Court goes beyond the intent of the people who ratified the Constitution, the people are cut out of the process. quote of who? That is the essential problem of an activist court that legislates from the bench. It is interesting to look at the arguments that are put forth in the case of the baker who refused to create a same-sex marriage wedding cake. The arguments that held to permit same-sex marriage can be used to defend the Christian baker. Here is how that happens.
As Written By Tom Trinko for the American Thinker:
When the Supreme Court ruled that gay marriage was not only legal but mandated by the Constitution, the majority were declaring that the Constitution meant whatever the majority of the Supreme Court wanted it to mean. It was an exercise is pure totalitarianism and a rejection of the very idea that power flows from the people.
Nonetheless, because of a desire to cover judicial overreach with sophistries that the elite leftist media could use to confuse the people as to just how much the people’s freedom was eroded by the Court’s capricious decision, Justice Anthony Kennedy wrote the following, gaining the concurrence of five other member sof the Court:
Under the Due Process Clause of the Fourteenth Amendment, no State shall “deprive any person of life, liberty, or property, without due process of law.” The fundamental liberties protected by this Clause include most of the rights enumerated in the Bill of Rights. See Duncan v. Louisiana, 391 U. S. 145, 147–149 (1968). In addition these liberties extend to certain personal choices central to individual dignity and autonomy, including intimate choices that define personal identity and beliefs. See, e.g., Eisenstadt v. Baird, 405 U. S. 438, 453 (1972); Griswold v. Connecticut, 381 U. S. 479, 484–486 (1965).
The Court has used similar language in previous decisions, including this quote from an abortion decision:
At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human…….
KEEP READING THERE IS EVEN MORE HERE: