Sunday, December 20, 2020

Where’s the federalism Now? Supreme Court Forces Indiana to Deny Biology, Declare Adoptive Mothers Biological Parents in Same-Sex Couples

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Remember all those "principled" hot takes about the need to keep the Supreme Court out of state issues, even when those state violations of election law infect a presidential election? The federal courts are forcing states to alter human biology on birth certificates, to comport with the demands of the rainbow jihad coalition for states not only to recognize gay relationships as marriages, but to record their adoptions as if gay partners biologically birthed the children. Where are the principled federalism arguments against this intrusion into the states' handling of marriage and family recognition?
This week, the "conservative" Supreme Court once against engaged in "judicial restraint" against an activist lower court by refusing to revisit a past activist ruling of its own that compels states to recognize adoptive same-sex couples as biological parents on birth certificates.
On Monday, the Supreme Court denied certiorari to the state of Indiana in Box v. Henderson, a case where an Indiana federal district court and the Seventh Circuit Court of Appeals stated that Indiana must record the "wife" of a woman giving birth through artificial insemination as a biological parent of the child. We already know that "follow the science" means follow flat-earth theories to the radical left, but these courts have now said that the 14th Amendment requires us to contort biology. Rep. James F. Wilson (R-Iowa) the chairman of the House Judiciary Committee back in the 1860s who helped draft the 14th Amendment, never envisioned this outcome when he spoke emphatically that the 14th Amendment was "establishing no new right, declaring no new principle."
By denying cert in this case, the high court demonstrates that we still don't even have four votes on the court to uphold biology and basic state powers. I'm sure all of those "principled" conservatives who were concerned about the Supreme Court getting involved in state election laws (that were already abrogated by lower federal courts) will cry states' rights in the face of federal courts getting involved in the illogical contortions of state birth certificates.
This case manifestly and disturbingly reveals the one-way ratchet that characterizes the Supreme Court, even with a supposed conservative majority. once a radical ruling is issued, the majority of conservative judges will only debate the parameters of expanding that ruling, but will never roll it back. Once the ruling is expanded, they will make peace with it.
Anyone with a modicum of originalist jurisprudence must concede that nowhere in the Constitution is there a right to force states to recognize gay marriage. No conservative justice can justify maintaining the Obergefell decision. But of course, none of us expected that much from these people. What we did expect, however, was that at least the most radical expansions of Obergefell would be reversed.
Read the rest from Daniel Horowitz HERE.

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