Tuesday, September 23, 2014

Animus as Impetus

It is likely that the issue of national gay marriage will turn on the definition of a single word.  The word is animus.  It means strong dislike or hostility or enmity or animosity or hatred.  As you can see, the word has a whole spectrum of meaning.  Its primary hue is red.  It denotes seething.  Some use it as legalese for 'hater'.  It is a good word for revolting teens:  "Dad, you are showing animus toward my friends and lifestyle."  Who feuds wielding this word, comes off sounding very sensible--as he or she expresses what is really only an opinion.  Animus is about heat and opinion; it is not a word for facts or reason.  It doesn't express something that can be measured rationally; for example, the advocates of its usage in same-sex arguments can't credibly say:  "the animus scale clearly reveals that this author falls somewhere between a hostile and a hater."  Animus has yet to be measured in individuals with any standardized method--let alone to be measured in a populace.  When it is, it will be measured using subjective standards.

In court, the animus assertion sounds like this:  the states "have given us no reason to think they have a 'reasonable basis' for forbidding same sex-marriage.....this suggests animus against same-sex marriage."  The courts have preferred to indict the masses for animus rather than acknowledge that our basis for moral judgment under the Constitution, including the notion of non-discrimination, is Judeo-Christian (ie. "do unto others as you would have them do unto you")--a basis which must finally yield up its place and authority in order to accommodate gay marriage for the 1%?

Isn't it curious that this highly variable, exceptionally sentimental word is expected to overturn laws that majorities made in many States--in our highest court?  By basing their judgment on this one wobbly word, will the Justices discover or devise some objective scale for weighing animus (ie. toward equal protection under law for same-sex couples) or will they reveal their animi (animuses) toward the People, their legislatures, the Constitution, the First Amendment, States rights, Judeo-Christian morality, and republican democracy?  These things would be rather a lot to cast on the ash heap for such a wobbly word--especially when the word might be best applied to the condemnation of a majoritarian sentiment.  Will the Supreme Court deem the People 'haters'?

No comments:

Post a Comment