Let’s just play along for a moment with the idea that the Supremes interpret the Constitution, rather than issuing arbitrary decrees that are then wrapped in the Constitution for window dressing so we don’t rebel. That would mean that the homosexual marriage edict was good news for those who exercise their Second Amendment liberties by carrying concealed:
With the high court's latest ruling on same-sex marriages, some contend the decision could lead to increased gun rights, specifically national CCW reciprocity, by using the same argument.
Friday the U.S. Supreme Court ruled 5-4 that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and recognize those sanctioned by other states.
"No longer may this liberty be denied," Justice Anthony M. Kennedy wrote for the majority in the landmark decision that arguably made same sex marriage a reality in the 13 remaining states that continued to ban the practice.
With similar logic applied, gun rights advocates argue that the nation's patchwork of firearms laws governing the concealed carry of handguns are now circumspect under the same guidelines. In short, they reason if marriage equality is guaranteed from state to state, then so should concealed carry rights.
"To paraphrase what Associate Justice Anthony Kennedy said about same-sex marriage," noted Citizens Committee for the Right to Keep and Bear Arms Chairman Alan Gottlieb in a statement Friday, "no right is more profound than the right of self-preservation, and under the Constitution, all citizens should be able to exercise the right of self-defense anywhere in the country. It disparages their ability to do so, and diminishes their personhood to deny the right to bear arms they have in their home states when they are visiting other states."
Even if some of them apparently couldn’t care less what is written in the Constitution, the Supremes could be wondering if they have overstepped to the point of generating popular resistance, and be in a mood to make themselves look more legitimate. This might be a good time to ask why the Fourteenth Amendment doesn’t apply in repressive states like New York when it comes to guns, regarding not only concealed carry but also other unconstitutional restrictions.
Unfortunately, rather than sensibly apply their ruling to guns, they may repeal the Second Amendment altogether, just as the homosexual marriage decree effectively repeals the free exercise of religion clause in the First. Then we will find out whether they need to worry about whether we think they have overstepped.
On tips from Troy and DinaRehn.