Ben Shapiro VS Simon Rosenberg Over Supreme Court’s DOMA Decision: ‘Moralizing From The Bench’



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6/27/13 – Fox’s Megyn Kelly hosted a divisive debate Thursday afternoon over the Supreme Court’s decision to call the Defense of Marriage Act unconstitutional. Democratic adviser Simon Rosenberg faced off against Breitbart’s Ben Shapiro on what DOMA’s downfall means for America. Shapiro began by going after the majority of the Court for trying to “cast everybody who is a proponent of traditional marriage as unreasonable.” Putting himself in that group, he said Justice Anthony Kennedy, who wrote the majority opinion, said “we are the bad guys if we are for traditional marriage and there’s no rational reason why we would prefer traditional heterosexual marriage over homosexual marriage.”


Rosenberg, on the other hand, said the court was simply using the “equal protection clause” to demonstrate that there was “discrimination going on against a class of Americans that is protected by the Constitution.” He noted the polling that shows “most Americans are comfortable with us moving in this direction and you will see many more states legalize gay marriage in the coming years.”

Shapiro couldn’t believe that “the left” was “celebrating” the decision from a “tyrannical Supreme Court that has decided to moralize from the bench.” He posed a hypothetical scenario in which Justice Antonin Scalia had used the Court to declare that “heterosexual marriage is a value and homosexual marriage is not.” Then, he said, “the left would be talking about a tyrannical Supreme Court overstepping the bounds of the Constitution.”

When Rosenberg brought of the Voting Rights Act decision that angered many on the left, Megyn Kelly noted that the Supreme Court has managed to “alienate everyone” this week. “That means they’re doing their job,” she said. “That’s how I feel about my job.”


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