Mat Staver of Liberty Counsel and the Liberty University School of Law has been spinning so fast in the wake of the Supreme Court’s marriage equality rulings that he may well have dug a hole to China. In an interview with WND radio, he even says “This is the thing that revolutions are made of.” Oh, nonsense. The reaction from non-wingnuts is going to be a collective yawn. But he’s also spreading some manure around.
“And then when it decided the merits of the case, it used words such as ‘bigotry,’ ‘hostility’ and ‘demeaning,’ referring to the Equal Protection Clause but it never did an equal protection analysis,” he said. “Every Equal Protection Clause analysis has to at least determine several things. One, is the so-called right that you’re after one that is rooted in history and part of our idea of ordered liberty? Here they’re asking for the right to same-sex marriage. Has that been rooted in our history? Is it part of ordered liberty? The answer to that is obviously no. The reason they didn’t address that question is because they would have to have come to an opposite conclusion. They skipped it. It’s unbelievable.
But the “ordered liberty” analysis applies to cases involving what the Supreme Court refers to as a “fundamental right.” But the DOMA case did not deal with whether there is a right to same-sex marriage. In fact, the ruling explicitly says that it did not seek to answer that question at all, so the reason why the court did not do that “fundamental right” analysis is because it wasn’t at all relevant to the decision. And he knows this, for crying out loud. He’s the dean of a law school and his focus is on appellate law. He knows this is false. He just doesn’t care.