Friday, January 9, 2015

The Base Player

Sen. Marco Rubio (R-FL) is a graduate of the University of Miami School of Law, Class of 1996.  Someone should look into who taught him Constitutional law because they need to fire that professor.

On the matter of same-sex marriage in Florida, Mr. Rubio noted,

“I do not believe that there is a U.S. constitutional right to same-sex marriage,” Rubio told the media. “Now, as I’ve said before, states have a right to change their laws. I don’t believe it’s unconstitutional. I just don’t believe there’s a constitutional right to it.”

Okay, I’m not a lawyer and I didn’t go to law school like he did, but even I know history and that way back in 1967 — four years before Mr. Rubio was born — the United States Supreme Court held in Loving v. Virginia that the right to marriage — in that case between two people of different races — was a fundamental right.

Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival…. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.

So, Mr. Rubio has it wrong on the concept of the constitutionality of marriage as a right and is apparently unaware of the precedent.  (I do hope that he’s not harboring the belief that people of different races shouldn’t marry.)  He also seems to lack the basic understanding that there is a difference between the laws that get passed or referenda that get tacked on to the state constitution and the rights we have as citizens.  Under our present form of government, we have a judiciary branch — co-equal with the legislative and executive — whose primary purpose is to decide whether or not the actions of the other branches are following the rules.  The courts exist to prevent the legislatures or the people from violating the law or taking away the fundamental rights of the people.

Mr. Rubio also seems to forget that the courts have overturned laws passed by Congress that I’m sure he’s glad they did: Citizens United, for one.  In his nascent plans to run for president, he’s probably thrilled that corporations have had their fundamental rights to pour money into a campaign, and I’m sure he’s going to take advantage of it.

What’s happening is that Marco Rubio is trying to outflank his fellow Floridian and mentor Jeb Bush in cornering the market on right-wing nutsery, and bashing marriage equality and the LGBT population is his way of doing that.  As I’ve noted before, he has yet to come up with a reason to oppose marriage equality that isn’t based on bigotry, discrimination, and intolerance.  But that’s what sells to the Republican primary voters, and no one ever lost an election by pandering to the basest base.