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June 27, 2013

Marriage and Freedom

Yesterday's two rulings by the Supreme Court of the United States (SCOTUS) on two different laws regarding the nature of marriage in the United States came as a huge disappointment to all of us who are deeply concerned with the health and well being of the family. The rulings were flawed on many levels, and will undoubtedly deteriorate the, already increasingly fragile, institution of Marriage in the United States. However, these particular rulings were more or less anticipated by everyone who has been following SCOTUS in recent years and paying attention to the cultural and ideological divide on this judiciary body. Furthermore, the closer scrutiny of the rulings shows that they were very narrow and ad-hoc in their scope, and pertained strictly to the cases at hand. They neither established a "right to merry" as a fundamental constitutional right, nor have they established homosexuals as a protected group under the law. These are all welcome aspects of this ruling and a basis for future defense of marriage.

Another silver lining to these rulings is that they seem to strengthen the rights of states to define laws and govern themselves independently of the federal government. Over thirty US States have already passed laws and constitutional amendments defining marriage as that between one man and one woman. None of these laws will be changed any time soon. In this sense these two "marriage" SCOTUS rulings are very much in line with most of the recent rulings. The Roberts SCOTUS is clearly moving in the direction of strengthening the States' rights. Even the abominably bad ruling on Obamacare last year has had the effect of essentially allowing the states to completely recuse themselves from any aspect of it that they find unpalatable.

What is becoming clear is that America is slowly but surely moving in the direction of a profoundly divided nation. In addition to "Blue" and "Red" states we'll now have "Gay" and "Straight" states. We'll have states that increasingly curtail the abortion, and those that seemingly expand it beyond any bounds. States that are getting out of the way of allowing their residents to defend themselves, and those that are increasingly restricting those rights. States that paddle narcotics and those that curtail them. States that are shrinking the government and those that are expanding it. States that celebrate the role of religion in their people's lives, and those that are trying to extinguish it by any means possible States that treat their residents as subjects, and those that treat them as citizens. The list goes on and on.

This state of affairs has prompted many observers - both on the right and the left - to increasingly loudly contemplate the "s" word: secession. Indeed, it would be hard not to. When it's obvious that American people are increasingly and bitterly divided over even the most basic understanding of the terms such as life, liberty and pursuit of happiness, a life in common is becoming more and more of an illusion.

Personally, however, I am very much against such a drastic step. Aside from being potentially devastating and harmful to everyone involved, highly unfeasible under the best of circumstances, it would also be incredibly hard to implement properly. Because we are not only divided on a state level - our divisions reach down all the way to the level of families and individuals. We are increasingly segregated on all levels of our life, even from people that are very close to us. However, I believe that our ability to connect and communicate with people who share our beliefs and values will play an increasingly important role in the days and years to come. We'll build new associations, friendships, and communities that don't depend on the tyranny of geography. In the beginning this will be awkward, halting and frustrating, but in the long run I see a lot of potential and hope in all of this. And these are things to look forward to.