Matt Walsh Freaks Out Over Supreme Court Decision He Hasn’t Read (Or Didn’t Understand)

by

JC Schildbach, LMHC

It’s more than a bit comical that Matt Walsh accuses Justice Anthony Kennedy’s majority opinion in Obergefell v. Hodges (the same-sex marriage case) of reading “like a lengthy Facebook post written by a 17-year-old” given that Walsh, utilizing the ‘you’re-not-the-boss-of-me’-style language of 6-year-olds, titled his own angry rant about the decision “Gay Marriage Still Doesn’t Exist No Matter What the Supreme Court Says.”

Walsh really should have added two or three exclamation points and at least one angry emoji to that title.

Walsh claims, repeatedly, that Kennedy and the other majority justices simply made up the right to marry for, well, adults who Walsh thinks are gross and icky. He claims that there is no legal precedent for such a decision, and that the majority opinion “barely attempts to offer anything resembling a constitutional defense or a coherent thought.”

Matt Walsh on his porch--Why bother with an actual analysis of a Supreme Court decision my audience will never read anyway?

Matt Walsh on his porch–Why bother with an actual analysis of a Supreme Court decision my audience will never read anyway?

I’m guessing Walsh didn’t actually read the legal arguments offered in the majority opinion. Barring that, one can only assume that Walsh was so consumed with rage over all those icky and gross people being allowed to marry that he was incapable of comprehending what the opinion said—or that he’s just too stupid and childish to understand the “constitutional defense” that is offered, and offered in great detail, with multiple citations of precedent cases.

After all, Walsh does not actually link to the decision, so that his readers would be able to check the validity of his arguments. Instead, he links to another article on The Blaze (which does link to the Court opinion), and to stories on CBS News, NBC News and even, yes, to MSNBC, as evidence that the court “upended the institution of marriage, dismantled the rule of law, undermined the will of the people, and canceled out the legislative process entirely.”

Let’s take a brief pause so that you can check out the Majority Opinion. It is rather lengthy, but, in case you don’t want to read the whole thing, like many Court opinions, there is a “syllabus” at the outset (the first five pages in this case) that explains the overall issues, legal precedent, and basis for the decision.

Majority Opinion

Had Walsh read even the syllabus (and been able to comprehend it) he would have realized that the court argued:

  • The “institution of marriage” has had an evolving definition over time, which basically means his whole argument about what marriage “really” means is only so much, to borrow a phrase from Justice Scalia’s recent Obamacare dissent, jiggery pokery.
  • The rule of law was not “dismantled” in this case, but worked exactly like it was supposed to—utilizing legal precedent, and examining the specific impacts of particular laws and legal questions, to arrive at a decision about how laws can be equally applied to all adult citizens of the United States. That’s kind of the job of the Supreme Court, Matt.
  • ‘Undermining the will of the people’ is, perhaps, a bit more complicated. Yes, there are states where people voted to keep same-sex couples from marrying, just like there are states where people voted to allow same-sex marriage. But, to borrow a bit of bumper-sticker-style wisdom, that’s the great thing about rights: we don’t get to vote on who is allowed to have them and who isn’t. Everybody gets them.
  • As for “cancelling out the legislative process”—laws are subject to judicial review. That’s how that whole “balance of powers” thing is supposed to work. Funny thing is that laws can be “cancelled out” if it turns out that they’re illegal.

But Walsh tries to make the argument that the same-sex marriage decision is evidence that liberals have taken over everything throughout all of America, and are doing all they can to attack Christians and make the once-great United States of America into some gross, icky thing where Matt Walsh has to put up with gross, icky people, just because liberals want to make people like Matt Walsh all mad and uncomfortable and stuff.  Walsh seems to forget that there are plenty of Supreme Court case decisions that liberals haven’t been particularly happy about, but when you have a persecution complex, you have to ignore all evidence that doesn’t allow you to play the victim (especially as you accuse others of playing the victim).

There are multiple meltdowns throughout Walsh’s piece, including this string of ‘ideas’ that sound like an affirmation for people suffering a break from reality because of the Court decision: “There is no right to gay marriage. There is no gay marriage. It’s not real. It’s not possible. It’s make-believe. It means nothing.”

It almost makes you feel sympathetic enough that you wish one of Matt’s super-heterosexual friends would grab him by the shoulders, slap him, and tell him to get a grip.

Walsh continues on with a segment that he subtitles “What is a Right?” He makes the claim that, to liberals, “a right is some sort of cosmic force that guarantees him access to whatever he happens to want,” going on to enlighten everyone that “Constitutional rights” and “human rights” are, instead, those rights bestowed on us by our “Creator.” So, rights are not a “cosmic force,” but rather granted by our “Creator.” Good thing Walsh cleared that up. It all makes sense now.

But just a few follow up questions–does the Creator grant us rights based on what we want, or what we need, or is there some other criteria?  And does the creator only grant those rights to heterosexuals?  Or, maybe the heterosexuals get some of those rights to themselves, but not all of the rights only to themselves?

Also included is a segment subtitled “What is Homosexuality” in which Walsh argues that anything other than good, old, heterosexual, marriage-based boning is just a bunch of twisted urges that people can walk away from.  Or, in other words, if you think you might be something other than completely heterosexual, you are confused and looking to justify your desire to engage in sinful behavior.

Okay, Matt, we all get that you’re confused by the idea that there are people who think sex might involve more than just attempts to make babies, and that gender identity might involve more than the binary boys vs. girls. But your confusion doesn’t mean that you are an expert on human sexuality. In fact, your confusion pretty much means that you’re the opposite of an expert on human sexuality—some might even say that it means you’re completely ignorant and should probably not say anything else on this topic–at all–ever.

In Walsh’s view, there are greater goods to be achieved by marriage, such as stability in society.  But, he asserts that somehow that stability is undermined unless marriage exists only so that families can be created–and created by fertile, heterosexual couples. Walsh does not feel the need to fully explain himself here, as we all know that families are only and always created by heterosexuals marrying and having children—no exceptions. We also know that having children is the only reason people get married, and that anyone who is not heterosexual does not have/belong in a family.

Walsh says that even though the Supreme Court changed the definition of marriage in this case, there are still limits on marriage that the court is willing to enforce, and wonders why that is. Of course, most of the examples of marriage limitations that Walsh cites are pointless—a human and anything non-human, three or more humans, multiple humans along with other non-humans, an adult and a child, etc. These arguments are meaningless, because the Court is not asserting that marriage involves anything other than two adults willingly entering into a legal relationship, which is the question the Court was charged with answering.

Those situations Walsh hightlights where there is potential for further clarification of legal definition—including the example of a brother and sister wanting to get married, or multiple people wanting to get married in a polygamous union—are not involved in the current decision. Arguably, it is possible that cases involving such relationships could come up in the future. But they are not at question now, and the same-sex marriage decision does nothing to allow such unions. For now, the decision allows each adult to enter into a (non-incestuous) consensual marital relationship with one other adult—which means it is giving all adults the same, basic right, instead of granting it only to the people Walsh thinks are not gross and icky.

Ignoring the entire history of marriage, which has involved a range of issues much more than simple love and procreation between two God-fearing Christians, Walsh makes the absurd claim that marriage is only and always a union condoned by God and God alone, having nothing to do with the state. He, for example, ignores the fact that marriage predates even the Jewish religion, not to mention the Christian religion, and that much of it involved such events as arranged marriages that were tied to issues of property and inheritance, including those property exchanges where the wives were considered part of the property. I’m guessing Walsh is okay with at least some of the changes in the definition of marriage that have occurred over time; although if that is the case, it would essentially undermine his own argument of an eternal, monolithic definition of marriage.

Walsh further asserts that allowing only heterosexual marriage does nothing to harm gay people, and that, “Before the legalization of gay marriage, the government wasn’t ‘involved’ in marriage, as so many have claimed.” This is just patently stupid. One would have to be completely ignorant of what the law says about property rights, transfer of property rights, legal say over medical decisions, legal say over custody rights of children, and numerous other legal rights, responsibilities, and benefits that come with marriage to make such an argument.

And even if Walsh was ignorant of the myriad rights and legal benefits that marriage confers, he would have understood at least some of those issues if he had bothered to actually read the Majority Opinion, or even the syllabus of the Majority Opinion, wherein several specific situations of the petitioners are made clear, involving (gay) adults and their families being deprived of rights because they were not legally allowed to be married, or because one state recognized that right, but another did not.

It’s irresponsible enough to assert that something represents an illegal power grab by one’s political opponents simply because one disagrees with that thing. It’s even worse to assert that something lacks legal standing when one has not bothered to read and understand that thing. And it’s worse, still, to assert that something lacks legal standing when one has read and understood that thing, and simply decided one would rather argue to the contrary for one’s audience, knowing full well that said audience will not bother to read and understand the original thing and are simply looking for someone to lay out an argument that supports their own anger and lack of understanding.

In this case, giving Walsh the benefit of the doubt would mean one of a few very distasteful options: that he either didn’t read the Court opinion, or that he didn’t understand it. Otherwise, he is deliberately lying to his readers.

In the end, Walsh’s argument comes down to his view of what is right, based only on his beliefs. But rather than asserting that it is his view, he asserts that what he views as right is the absolute truth, and that it is backed up by God Almighty as it has always been and always will be.

Walsh apparently doesn’t recognize that even God changes God’s mind—I mean, at least if you believe in that whole law/gospel, Old Testament/New Testament business.

Still, I will grant that Walsh is right about one thing.

There is no such thing as gay marriage.

It’s just marriage now.

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Serving Mammon, The Duggar Way

by

JC Schildbach, LMHC

Last week, it came out that Josh Duggar, of the “19 Kids and Counting” Duggars, sexually assaulted four of his younger sisters as well as a young girl from another family. From what we know, this all happened back around 2003, when Josh was 14 or 15 years old.

Josh Duggar does not deny that he committed these crimes, although he refers to them as “sins” and “terrible things” and “mistakes” rather than crimes.

Josh Duggar never faced any legal consequences for his crimes.

The Duggar family claims that they addressed the sexual assaults by getting “closer to God,” by pursuing counseling for both Josh and the victims, and by going to the police.

But let’s be clear about this–the Duggar family NEVER GOT COUNSELING FOR JOSH OR THE VICTIMS OF HIS CRIMES, and THE FAMILY NEVER WENT TO THE POLICE.

How can I possibly know this? Well…

Let me first address the police situation, even if that is a bit backwards. Jim Bob Duggar (father to all of the Duggars—victims and victimizer), following Josh’s “counseling” took him to a law enforcement officer who was a family friend, for a “confession” that resulted in a “stern talk.” According to Josh’s parents, the law enforcement officer told them that since Josh had already gone through counseling, there was nothing more that could be done. So either 1) Josh’s parents are completely lying about what the police officer advised, or 2) The police officer was completely derelict in his duty, as far as what he was supposed to do when given information about sexual abuse involving children.

Also, the cop (again, a family friend) that the Duggars took Josh to meet with is currently SERVING MORE THAN 50 YEARS IN PRISON FOR POSSESSION OF CHILD PORNOGRAPHY. I’m sure he quite enjoyed his meeting with the young Josh Duggar.

Now, as to the counseling…

If any of the victims, or the perpetrator, had gone to any kind of legitimate counselor who deals with sexual offense behaviors, or with sexual victimization, or with any form of recognized counseling that requires a person to be credentialed at all, a report would have been made to Child Protective Services, and an investigation would have occurred much earlier than it did—early enough that Josh would likely have faced some legitimate legal consequences before the three-year statute of limitations on his crimes ran out, and early enough that his family would not have been able to completely manipulate the situation, and keep it out of the legal system, and out of the public eye—well, out of the public eye until now.

Simply put, counselors are mandated reporters. They cannot keep things like this on the down-low—not without losing their licenses.

Such a lovely wedding.  You'd never guess...

Such a lovely wedding. You’d never guess…

As it is, if it weren’t for an anonymous “tipster” contacting the authorities in Arkansas and the production staff of the Oprah Winfrey Show (who also contacted the Arkansas authorities) back in 2006, there never would have been an investigation at all. Josh would have victimized four of his sisters, and another young girl, and had to face the “punishment” and “counseling” he got by spending four months away from home, reading the Bible and helping a family friend do some remodeling work—not exactly an evidence-based means of addressing sexually predatory behaviors.

And, again, that’s exactly what happened: No punishment. No real counseling.

The victimized girls also did not receive anything that might be considered an evidence-based form of counseling for addressing sexual trauma and sexual victimization. We have a key to what kind of treatment the girls might have received, in Samantha Field’s blog post, where Duggar-family Guru Bob Gothard’s insanely creepy “Counseling Sexual Abuse” graphic is posted—a chart that, among other things, suggests that being sexually assaulted brings one favor with God, and special spiritual strengths.

In other words, the Duggar girls were almost certainly told that being sexually victimized was a good thing in the eyes of Jesus—in no small part because it helps them recognize how terrible they were as prepubescent temptresses, and because it makes them super-spiritual. In case there is any need for clarification, such “reframing” is not considered “best practices” for addressing sexual victimization.

In fact, if any of the children had gone to any legitimate form of counseling, the girls would have had control over whether they even had to listen to an apology from Josh, much less having him allowed back in the home after a few short months away.  And there would have been a much more involved discussion of how/whether to integrate Josh back into the home.

And just so you know where I’m coming from, I spent over two years working full-time with juvenile sex offenders, and then spent over six years working part-time with adult sex offenders.

I also read the entire (redacted) police report —something I have had to do in many other cases.

The story of Josh Duggar is not unique—in the sense that families are generally unsure of what course to take when such situations arise. Families do not want to invite shame on their children–victims or victimizers–or the family as a whole, and often delay any meaningful action or professional intervention until the problem has progressed to a state where it can no longer be viewed as a “phase” or as “innocent exploration”—or until one of the victims reports the abuse to a therapist, or a school counselor, or a camp counselor, or a teacher, or a friend who tells a parent, or a pastor, or anybody else who chooses to act in a responsible fashion.

I have had contact with families who earnestly sought help and support, and tried to do right by both their daughters and their sons—and any other victims. I have had contact with families where the abusers were clearly given the benefit of the doubt, and the victims shamed as if they had deliberately ruined the family–even to the point of sending the victims away so the abusers could come back to the home. And I have been in contact with families who tried to beat the bad behavior out of the victimizers, and who go on pretending they are being persecuted over some dumb crap that they are perfectly capable of handling.

Clearly, the situation with Josh Duggar progressed to a dangerous state. His was not a case of budding sexual curiosity leading to “playing doctor.” His was a case of repeatedly exerting sexual “authority” over girls who were smaller, weaker, and devalued in his family’s “culture.”

From a fan blog--a charming sign in the Duggar family home.

From a fan blog–a charming sign in the Duggar family home.

In fact, what many have viewed as the Duggar family’s “wholesomeness”—their constant harping on values of purity and modesty—could not be further from a healthy attitude toward relationships and sex.  It places girls and women on a “pedestal” that values their virginity first, their breeding abilities second, and their whole selves not at all.  It is a “culture” that infantilizes women, treating them as too stupid to be trusted with control of their own bodies. It is a “culture” that preaches submission of wives to their husbands to an extreme degree. Women are told to recognize their inferiority, and to be celebrate it, because that’s what God wants.

Consider what message is being sent to one’s daughters—and one’s sons—when the matriarch of a family asserts publicly that it is her job to submit sexually to her husband, even when she does not want to.

Consider the message being sent to one’s children when parents say they should keep having children, no matter what, simply because it is biologically possible.

Consider the message being sent to one’s children when it is deemed acceptable for a pre-teen male to “chaperone” his nearly-adult sister on a date, to make sure she and her boyfriend do nothing inappropriate.

Many conservative/Republican figureheads have come out in support of the Duggars, and in condemnation of people who are now criticizing the Duggar family for their handling of the sexual abuse situation—mostly in the vein of “quit picking on Christians” and “Christians aren’t perfect, just forgiven.” With few exceptions, those defenses involve labeling Josh’s actions as teenage frivolity, rather than what they are—deliberate, sexually predatory behavior that was covered up by his family.

Family friend, and Duggar-political-endorsement-recipient Mike Huckabee used the argument that a victim, or multiple victims, of Josh’s behavior, wanted privacy–both in defending the family and when he had a judge he appointed destroy the un-redacted police report about Josh’s offenses. He claims the Duggars sought out help, and went to the authorities. But, yet again, they didn’t—not in any real way.

Likewise, Matt Walsh, used the childish “Oh yeah?!? Well—liberals!!” argument (along with the ‘persecuted Christians’ argument) in a post where he also made the poignant observation that, “As a parent, you have to think whether your 14 year old son deserves to have his life ruined over his mistakes.”

Really, Matt? What about your 12-, or 10-, or 8-, or 6-year-old daughter, or the 5-year-old neighbor girl? (No, I don’t have actual information on the specific ages of the victims). They’ve already had their “lives ruined” by the “mistakes” of your son. So, devalue the daughters? They’ll get over it? What’s important is that you protect your sexually-predatory teenage son?

But it’s not just a “mistake” when a 15-year-old male repeatedly gropes the genitals and chests of multiple younger girls. It is sexual assault.

I will note that the recidivism rate for juvenile sex offenders (and for adult sex offenders) who are caught and go through some sort of legal proceeding is much lower than the public perceives it to be, and that said rate goes down even more with appropriate treatment. So, given that Josh was caught, but not actually subject to legal punishment or real treatment, I guess I can believe that he’s steered clear of further offenses—as Josh and the family assert–although there’s not a lot of data on people who got caught but essentially are allowed to skate.

But I do not believe Josh has really changed his attitude toward his behaviors—especially when he calls them “mistakes” for which he feels he has already paid a big enough price.

Also, for those who are claiming to support the Duggars, let’s be clear about what is being supported. In pursuit of both political power, and celebrity, (the truest of Christian values) the Duggar family decided to bury sexual offenses committed by their son, against their daughters and another girl. Their attempts to prevent Josh from getting in trouble were successful, inasmuch as the offenses did not come to light until after the law no longer allowed any punishment for son Josh.

So, if you’re supporting the Duggars, you’re arguing that families should dodge the law, allow their daughters to be sexually assaulted by their brothers or by family friends, and do what they can to keep their sons from getting in legal trouble, all while counseling the children that sex is bad, but that it’s okay that the sexual assault took place because boys and men can’t help themselves and girls and women are really only important as breeding stock–and provoke sexual assault in the first place.

Furthermore, you’re advocating that it’s acceptable for the son who committed the offenses to take a prominent job with a well-known organization that utilizes bogus research in an attempt to control women, and demonize the LGBTQ community in order to deny them the basic rights that heterosexual adults have—all while accusing the LGBTQ community of habitually engaging in the behaviors that Josh engaged in, and that his parents covered up.

That’s not wholesomeness or purity.

Those aren’t “mistakes.”

Those aren’t the kind of beliefs, or actions, anyone should be lauding.