Many on the Right side of the aisle are outraged. Gay marriage – a social issue at its core – has been validated by the US Supreme Court. The outrage is palpable. And while there is legitimacy to this outrage – especially with regard to the Court’s transgression of the 10th Amendment – the decision on gay marriage is a “bright shiny thing” that serves to quickly file us past an earlier decision that directly threatens the constitutional structure of our government: The Court’s ruling on King v. Burwell; the Obamacare subsidies.
No matter how you feel about the issue of gay marriage, the Court’s ruling on this social issue is an attack on the 10th Amendment, the rights of States to have authority over all things not enumerated in the US Constitution. But comparatively, the Court’s decision on Obergefell v. Hodges is a “mosquito bite” to yesterday’s “beheading” of our balance of powers at the federal level. We are being led away from what is tantamount to a “genocidal slaughter” of the Separation of Powers to gawk at a “highway accident.” With yesterday’s decision we are all – Liberal and Conservative, Republican, Democrat and Libertarian – losing our government to a transformative end stage; a commingling of constitutional branches and a centralized governmental authority in the federal government; something uniquely anathema to our basic governmental structure.