In what could have been a small throwaway news story, I found this most amazing explanation yet for the GOP’s opposition to same sex marriage and abortion. It’ll blow your mind. Post Crescent:
Attorney General J.B. Van Hollen made his arguments in a brief filed with the 7th U.S. Circuit Court appealing a federal judge's June decision declaring Wisconsin's ban on gay marriage unconstitutional.
Van Hollen said the due process clause in the U.S. Constitution doesn't require states to grant rights but only bars them from depriving citizens of fundamental rights.
Let’s break that down.
J.B. said: “The U.S. Constitution doesn't require states to grant rights:” But that's not what the Constitution is doing in this case. It's simply repealing a gay marriage ban, restoring a right taken away by the states.
J.B. said: (The Constitution) “only bars (states) from depriving citizens of fundamental rights.”
Exactly, marriage equality was a right all the time, so states were wrong to take that right away by banning gay marriage. It looks like J.B. inadvertently made the case against himself. Doh!
J.B. Van Hollen offered up this scary way of thinking about duty of government when it comes to not defending individual rights:
Van Hollen compared gay marriage to abortion. "Although the constitutional right of privacy protects a woman's right to obtain an abortion and precludes government from prohibiting or punishing her exercise of that right, there is no corresponding obligation on government to affirmatively endorse or support her exercise of the abortion right," he wrote.
It’s a constitutional right our government won’t protect? Talk about a slippery slope. What other rights won't Republicans want to defend?