Justice Anthony Kennedy delivered the Opinion of the Court in Kennedy v. Louisiana (the plaintiff being of no relation to the Supreme Court justice), the case to determine the constitutionality of using capital punishment as the legal consequence of child rape. Justice Kennedy expressed concern throughout the hearing and wrote in the majority opinion that using the death penalty to punish child rapists would be contrary to "the evolving standards of decency that mark the progress of a maturing society." This holds true only if you believe that the death penalty is an indecent punishment for those who commit the most heinous crimes. Who can really argue that cold-blooded murder is more heinous that brutally and repeatedly stealing the sexual innocence of children under the age of twelve? Surely the long-term effects, both physical and psychological, are extremely significant in the pubescent development of adolescents. Why would the child also have to die to make the crime a capital offense?While Justices Kennedy, Stevens, Souter, Breyer, and Ginsburg are against the death penalty for child rapists on grounds of moral indignation, presidential candidate Barack Obama wants to govern according to the "lowest common denominator of morality," suggested James Dobson last week. What Dobson said of Obama is very apparent when one considers the senator's far-left platform, which includes the permission of partial birth abortions (which even Justice Kennedy opposed in Gonzales v. Carhart, in which his swing vote was the deciding factor in upholding the 2003 Partial Birth Abortion Ban Act). Sometimes liberals defend moral progress (from their twisted position of always looking out for the perpetrator), but other times they oppose laws on grounds that enacting them has a moral appeal without sufficient legal justification. I'm still looking for the legal justification for offering the sustenance of life in prison to those who defile little children. The majority opinion's kumbaya version of the law sure doesn't suffice in the legal realm.
It would be wrong to ban same-sex marriage on moral grounds, but it is okay to offer same-sex marriage on moral grounds. It would be wrong to ban abortion on moral grounds, but it is okay to offer abortion on moral grounds. It would be wrong to ban gun control on moral grounds, but it is okay to enact gun control on moral grounds. These are the arguments of liberals. Of course, their version of "morality" is always something along the lines of "hugs, not drugs" in philosophical strength. Liberal morality is very elastic, too. It expands and contracts just enough here and there to justify its own causes while throwing stones at causes they don't authorize.
In a recent speech, Obama appealed to the Sermon on the Mount to justify his disgust for the Department of Defense, but imagine the indignant response that President Bush would receive from liberals if he were to justify his position on embryonic stem cell research with his Christian faith. Oh wait, that already happened.


