Responding to the Other Side on Today’s Marriage Decision: The Civil War Amendments
June 26, 2015
The states themselves, in their official secession declarations explicitly said it was about slavery. Look it up.
In connection with that discussion, Mr. Wrenn brings up the Fourteenth Amendment. Again, I agree—the Thirteenth, Fourteenth, and Fifteenth Amendments are so closely connected with the resolution of the Civil War and the South’s historical mistreatment of black people that the three are sometimes called the Civil War Amendments, the Civil Rights Amendments, or the Reconstruction Amendments.
As My Friday Blog puts it,
. . . the 14th amendment is an amendment to the Constitution. It is a change to the Constitution. It was passed by both houses of Congress, and ratified by the states.
Again, I couldn’t agree more. So why does Mr. Wrenn conclude that the Fourteenth Amendment is about same-sex marriage?
Same response as to Intellectual Prostitution: Did a supermajority of states think they were responding to slavery and the Civil War by constitutionally requiring same-sex marriage? If not, when did the Fourteenth Amendment’s meaning change out from under us? Did the Fourteenth Amendment start requiring the redefinition of marriage in the 1960s? the 1980s? the 2000s? 2013? 2015? What caused its meaning to secretly change?
The point of having a written constitution is that its meaning is knowable and reliable. If five judges say that it means one thing one day and another the next, and just impose whatever policy they prefer, then it represents not the rule of law but the rule of men.
Update (June 26th, 2015): Mr. Wrenn’s thoughtful, carefully argued response is a model of tolerance and civility (warning: language).
Some asshole decided to site this post in his own post that disputed what I said. . . . I merely explained the decision and do not take kindly to being cited as an argument against the law or my opinions, so I broke the link and moved that comment to spam.
With arguments like that, who needs counterarguments?