There he goes again. Pat Robertson, who has attacked the Supreme Court’s decision on marriage equality incessantly, is at it again. This time, he advised a viewer to just ignore the ruling and tell supporters of marriage equality that the decision is only an “opinion.”
That would work, except for the fact that the legal definition of “opinion”, and Pat’s definition, differ wildly. The legal definition of a court opinion:
A statement that is prepared by a judge or court announcing the decision after a case is tried; includes a summary of the facts, a recitation of the applicable law and how it relates to the facts, the rationale supporting the decision, and a judgment; and is usually presented in writing…
Now we see why Pat Robertson is not a lawyer. The Supreme Court’s opinion trumps Pat Robertson’s. Period. Important tip: never take legal advice from a grifter.
According to Pat, only Congress or state legislatures can make “gay marriage” legal by passing a law. But the Supreme Court did not make a law. They struck down an unconstitutional law that states had passed. This fundamental misunderstanding is behind the right’s continued whining about the Obergefell decision.
Here is how Pat — and the idealogues of the right — “understand” the law. Hold on to your hats, kids…
In the legal system, party A sues party B over marriage, ‘I want to get married to them,’ and the court says, ‘Okay, you can get married.’ That doesn’t mean that I’ve got to get married to homosexuals, it doesn’t mean that you have to nor does it mean that it’s the law of the land. Congress didn’t pass any law. Your state legislature didn’t pass a law. So you’re not under anything, it’s a decision of the court having to do with a couple of people. Now they would like to make it bigger than that but, in terms of the Constitution, it isn’t.
Oh, dear, where to begin? Nobody “has to” get married to anybody, first of all. This decision does not require that anyone get married to anyone else, regardless of sexual orientation. However, equality is the law of the land, like it or not.
What the Supreme Court did in the Obergefell ruling was strike down laws made by states which prohibited gay people from marrying one another. The SCOTUS found, and rightly so, that denying any American the rights enjoyed by other Americans is unconstitutional. Try to get this through your heads: they did not make a law, they nullified one. They can do that. It’s in the Constitution.
Pat Robertson and the pedagogues of the right are too obsessed with what other people do. They always have been. But now their bigotry, fear and (I think) envy are being called out, even being struck down by the Supreme Court. This really scares them and they are fighting like cornered animals. But their way of thinking is doomed. More enlightened minds are stepping up and young people are more accepting of one another. Thank goodness.
Here’s video via Right Wing Watch
Featured Image via Screen Capture