antisocietal as can be shown by scientific device of thought experiment used for investigation of nature of things
Thought experiments are a philosophical device. Sometimes science uses it, but real-world experiments are the prime scientific schtick.
On June 26, 2015, the United States Supreme Court, in a 5-4 ruling in the case of Obergefell v. Hodges, illegally claimed that same-sex "marriage" was "legal" in all 50 states, despite not having the power or authority to make such a ruling.
The power of courts to de facto legislate like this comes from the laws on the book contradicting each other or just being vague.
In this case, the ruling comes from some very simple logic:
- The Equal Protection Clause of the 14th amendment does not allow discrimination on the basis of race, sex, and a few other protected characteristics. If you’re not convinced that this is true, the Civil Rights Act of 1964 spells it out.
- Barring two people from marrying, purely on the basis of their race, is discrimination. In particular, a law that imposes “equal burden” (allowing whites to only marry other whites and blacks to only marry other blacks) is still discrimination.
- So, it stands to reason, barring two people from marrying, purely on the basis of their sex, is also discrimination. In particular, a law that imposes “equal burden” (allowing men to only marry women and women to only marry men) is still discrimination.
From a purely procedural standpoint, ignoring arguments about “intent” and “tradition”, it’s pretty obvious that if the second bullet point is true then so is the third. And that’s what you want, right? A court that interprets the law, as written, without concerning itself with anything else.