United Liberty

Robert Levy, who was behind the case that led to the landmark ruling for Second Amendnent in 2008, writes explains the moral and constitutional case for gay marriage:

For most of Western history, marriage was a matter of private contract between the betrothed parties and perhaps their families. Following that tradition, marriage today should be a private arrangement, requiring minimal or no state intervention. Some religious or secular institutions would recognize gay marriages; others would not; still others would call them domestic partnerships or assign another label. Join whichever group you wish. The rights and responsibilities of partners would be governed by personally tailored contracts — consensual bargains like those that control most other interactions in a free society.

Americans have long looked to the Supreme Court as the last bastion of their liberties and as the one institution that stands as a check against the encroachments of an Executive Branch eager to expand its power and and a Legislative Branch intent on satisfying the whims of a grasping majority. As Robert Levy and William Mellor demonstrate in their must-read book The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom, that is far from the truth. In reality, and especially in the 3/4 of a century since the New Deal, the Supreme Court has essentially stood by while the Federal Government, and the states, whittle away at long cherished American liberties.