“To allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.”
So wrote Justice Antonin Scalia in his dissent in Obergefell v. Hodges, the case in which the Supreme Court declared Friday that faux marriage must be governmentally recognized throughout the nation. And, tragically, critics might say, virtually all American governors are ensuring that a lack of representation will be a reality.
Reacting to the Court ruling, most of the governors in the 13 states that still had operative faux-marriage bans registered notes of complete capitulation, with the exception of two governors who exhibited varying degrees of mild defiance.
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