Gay marriage, for example, was foisted on the country not through ballot initiatives, persuasion, public acceptance, lobbying or politicians winning elections by promising to legalize it. No, what happened was, in 2003, the Massachusetts Supreme Court suddenly discovered a right to gay marriage lurking in the state’s 223-year-old Constitution—written by the very religious John Adams. (Surprise!)
After that, the people rose up and banned gay marriage in state after state, even in liberal bastions like Oregon and California. The year after the Massachusetts court’s remarkable discovery, gay marriage lost in all 11 states where it was on the ballot.
Everywhere gay marriage was submitted to a popular vote, it lost. (Only one state’s voters briefly seemed to approve of gay marriage—Arizona, in 2006—but that was evidently a problem with the wording of the initiative, because two years later, the voters overwhelmingly approved a constitutional ban on gay marriage.)
Inasmuch as allowing people to vote resulted in a resounding “NO!” on gay marriage, liberals ran back to the courts. Still, the public rebelled. The year after the Iowa Supreme Court concocted a right to gay marriage, voters recalled three of the court’s seven justices.
A handful of blue state legislatures passed gay marriage laws, but even in the Soviet Republic of New York, a gay marriage bill failed in 2009.
And then the U.S. Supreme Court decided that was quite enough democracy on the question of gay marriage! It turned out that—just like the Massachusetts Constitution—a gay marriage clause had been hiding in our Constitution all along!
Conservatives could never dream of victories like this from the judiciary. Even nine Antonin Scalias on the Supreme Court are never going to discover a “constitutional right” to a border wall, mass deportations, a flat tax, publicly funded churches and gun ranges, the “right” to smoke or to consume 24-ounce sugary sodas.
These are “constitutional rights” every bit as much as the alleged “constitutional rights” to abortion, pornography, gay marriage, transgender bathrooms, the exclusionary rule and on and on and on.
The only rights conservatives ever seek under the Constitution are the ones that are written in black and white, such as the freedom of speech and the right of the people to keep and bear arms. Mostly, we sit trembling, waiting to see what new nonexistent rights the court will impose on us, contravening everything we believe.
So when you hear liberals carrying on about all the “rights” threatened by Kavanaugh, remember that by “rights,” they mean “policy ideas so unpopular that we can’t pass a law creating such rights.”