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April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review June 28, 2013/ 20 Tamuz, 5773

A Roe by any Other Name

By Mona Charen




http://www.JewishWorldReview.com | Many commentators on United States v. Windsor have offered the view that the decision was not far-reaching, that it didn't enshrine same-sex marriage as a constitutional right and that therefore the struggle continues.

Don't believe it for a minute. The contest is over. Windsor is a stealth Roe. It showed that five justices regard the arguments in behalf of traditional marriage to be nothing more than bigotry. It also revealed that those five will not be constrained by law or tradition from imposing their views on the nation at the next opportunity.

Chief Justice Roberts attempted to limit the damage, observing in dissent that 1) he believed that the court lacked jurisdiction, and 2) that the majority's rationale, based (loosely) as it was on federalism principles would cut the other way when state laws upholding traditional marriage are challenged. Roberts admonished that the court's majority opinion did not resolve the question of state definitions of marriage and should not be interpreted as such.

Nice try.

Scalia went after the jurisdictional question with his customary laser. So "hungry" were the five members of the majority to pontificate about the merits of same-sex marriage, he wrote, that they skipped blithely over "a technicality of little interest to anyone except the people of We the People" — namely that there was no case or controversy for the high court to resolve in Windsor. The "United States" of the case's title agreed with the result at the appeals court and district court levels, which were both in Windsor's favor. The plaintiff had long since been made whole. So what, Scalia asked, "are we doing here?"



The majority was showboating its enlightenment, that's what. As Justice Alito observed, there is no constitutional resolution to the same-sex marriage debate. Unlike other liberties found by the Court to inhere in the Due Process clause, it cannot conceivably be described as a "fundamental right deeply rooted in this nation's history and tradition." It belongs, accordingly, with the people and their elected representatives. But the majority will have none of that.

Gone is the usual deference that the court offers to the other branches of government. Rather than evaluating whether there was a "rational basis" for the law — a traditional test in cases involving the Due Process and Equal Protection clauses of the Constitution — Justice Kennedy's majority opinion completely ignored the many valid reasons Congress might have had for enacting the law. Instead, Kennedy threw insults at the 342 members of Congress, 85 senators, and the president who enacted the law. Their motive, he wrote was a "bare ... desire to harm a politically unpopular group." The law inflicted "injury and indignity." It was intended to "injure the same class the State seeks to protect." The "principal purpose and the necessary effect of this law are to demean." "The avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States."

The implications of this judicial bullying and name-calling are only too obvious. The five members of the majority wish to associate themselves with fashionable opinion and will no doubt be guided by that vanity (rather than by law) when the next opportunity arises to reverse democratically enacted policies they dislike. Sheepishness about contradicting their federalism argument is unlikely to constrain the next "correct" judgment.

The inflammatory language of this opinion will also echo through the coming debates about charitable status, government contracts, licenses and accreditation. The Supreme Court has decreed that there is no possible rationale beyond hatefulness to oppose changing the ancient institution of marriage. This sets the stage for nearly all religious institutions to be considered agents of bigotry.

As many in the pro-marriage coalition have been arguing for two decades, the case for traditional marriage is not about hostility to homosexuality. It's about staunching the decay of the institution that undergirds everything else in our society. To enshrine same sex marriage is to endorse the idea of marriage as adult fulfillment.

Marriage is much more than that. But the argument will have to continue outside the legislatures and the courts — because five members of the Supreme Court have taken our power, our franchise and our sovereignty from us.

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