Today’s decision from the Supreme Court finding a constitutional right to same-sex marriage, by itself, does not do a lot. Two-thirds of states already have same-sex marriage in place so it will only directly affect a minority of states.
While the direct effects are small, the indirect fallout from the same-sex marriage decision is large. Here are some of the immediately foreseeable effects:
Removal of the tax exempt status of churches that oppose same-sex marriage. Any church that opposes same-sex marriage will eventually have its tax exempt status revoked unless it recants its position and agrees to marry same-sex couples. The controlling law here is Bob Jones University v. United States. In that case, the tax exempt status of Bob Jones University was challenged because the University did not permit interracial marriage of its students.The Supreme Court found that the Internal Revenue Service could revoke the tax exempt status of an institution whose practices were contrary to a compelling government interest.
Regardless of what same-sex marriage supporters currently say, how will it be permissible to give tax exempt status to a church that is against the compelling government interest of marriage equality? It is only a matter of time.
I also don’t see a way that churches can escape scrutiny here. For example, if the minsters of a church say that they will no longer act as ministers of the state in marrying couples, that still will not change the fact that they are still doing something contrary to a compelling government interest.
The one really interesting question: Will mosques be required to marry same-sex couples? Or do they get a dispensation because our SJW overlords are afraid of them?
Same sex marriage will be taught in public schools. You have probably heard of books like “Heather has two mommies,” but the truth is that elementary school children in most public schools have not been required to read books that teach same-sex marriage because it is opposed to the wishes of many parents. This decision will change that.
Again, it will be against compelling government interest to deliberately exclude books that teach same-sex marriage.
Private schools associated with churches will be forced to teach same-sex marriage or lose their tax exempt status. This flows from what has been said above.
Those are the big effects that we should see within the next few years. Other things that are likely:
- Some of the GOP candidate will promise that if they are elected they will stack the Court and get this decision reversed. Their chances of doing so? Slim to none.
- This decision might begin generating more interest in secession. Their chances of success? Slim to none.
In other words, this is the new normal. When in Rome do as the Romans do. But it will be interesting to see what happens when people start to realize the fallout.
Update: This decision could play a role in the upcoming election if the GOP candidate comes out strong against the it.