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Posts Tagged ‘Supreme Court’

A Game-Changer? Hopefully

Yesterday, the U.S. Supreme Court decided not to intervene in several appeals of same-sex marriage equality. There are reams and reams of analysis on the ramifications of this decision all over the Interwebs, all of it better than mine, so I won’t even try.

I think this is great news. I support same-sex marriage and general equality for the LGBT community. Part of this is my own system of values. I just don’t see anything wrong with it amongst consenting adults.

But beyond that, I think this is great news for the principle of a limited government. I think even conservatives should rejoice. It really boils down to good, limited governance of a free society.

I know staunch libertarians will disagree with me on this, but a free & prosperous society actually requires a strong, functioning government. The key is strong & functioning with regards to what a good government should be doing.

In my view, the good government of a free society needs to provide these functions:

  • defending the nation from external attacks
  • keeping the internal peace when individuals cannot do so themselves
  • providing a legal framework for conducting business and settling disputes
  • ensuring all citizens have equal voice and are subject to fair treatment; and that the weak are protected from being abused by the strong
  • funding and implementing beneficial public works projects that cannot effectively be completed by the private sector

And … that’s it. Sure, one can quibble on exactly how these functions should be done, but this is really the list on what a government should do for its people.

OLYMPUS DIGITAL CAMERA

The problem many social conservatives have is they add this sixth bullet, in one form or another:

  • be the guardian of a moral code

This is what the gay rights limiters, the “no sodomy” lawmakers, the abortion deniers really want: they want the U.S. government to be the enforcer of a moral code (specifically, their moral code).

Ugh, what a horrid thought. It amazes me that these folks don’t see this as a horrid thought!

It’s not too hard to imagine a world where governments enforce moral codes. It’s happened ever since the dawn of civilization. Tyrannical regime after tyrannical regime has done everything from slavery to ethnic/religious cleansing to forced castration to progroms and ghettoization, all to enforce their “moral code”. These are all terrible things, and to think some people don’t see it this way is immensely troubling. A government, even the U.S. government, enforcing moral codes is a bad idea!

Plus it’s just a waste of money, if you’ll permit me to be so crass. Do we really want to pay taxes to enforce this stuff? I don’t

This ruling should be taken as a signal that laws governing behavior solely for the enforcement of a moral code, and for no other valid reason covered by good governance, should be overruled.

The Other Reason This Is Right

Awareness.

Enlightenment.

Piety.

Oneness.

Grace.

Ascendancy.

All are terms, terms across so many religions and belief systems. Toss in Heaven, or Nirvana, or Bodhi, or any of a number of more specific words. All words connoting the apex of spiritual existence.

Now look at all the greats across all these religions or philosophies. St. Thomas Aquinas. John the Baptist. Siddhārtha Gautama. Mohandas Ghandi. Mother Theresa. There are lots, lots more.

Do you think any of them needed a government entity to enforce their moral code upon them? No. They believed it, took it to heart, made it their own, and based their lives upon it. Oh, and what lives they led! Such lives, that we we still speak their names with reverance, even millenia later!

Religion, spirituality, philosophy: these are all things that are yours. They are personal to you. Your journey to whatever the apex of your own belief system is yours, your own, no one else’s.

And it is a hard journey. I don’t know of any major religion that claims it’s easy. It’s difficult, and it is intended to be difficult. Heaven isn’t just something that you can stroll into, you have to earn it, through good works, or a pious life, or self-sacrifice, or whatever your beliefs call for. It requires strength of will and strength of character.

if you need a government to enforce your morality upon you or another, you may want to consider not only what, exactly, that morality means to you, but also what your character lacks that you can’t lead the good, clean life you want on your own, without the government enforcing it for you.

This is a good ruling, no matter how you look at it.

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