SCOTUS and International Law

It couldn't be more disconcerting to the constitutionalists when existing members (Sandra Day O'Connor et al) of the Supreme Court express interest in international law (scroll down to Thursday, December 9, 2004) when it comes to ruling on U.S. Constitutional law. I cringe when other countries make laws diametrically opposed to ours because I just know some of the Supremes are concerned about how our laws may be different or unacceptable to universal trends. The following is from the SCOTUS Blog:

If the desire of some members of the Supreme Court to shape American law in part by looking to other nations applies even to highly controversial issues, the Justices may find some future interest in a ruling on Thursday by Canada’s Supreme Court. The decision declared unanimously that the nation’s Charter of Rights and Freedoms – its constitution – does not stand in the way of same-sex marriage.

No case is now pending in the U.S. Supreme Court on the gay marriage issue, but one is surely to arise as the issue is being increasingly litigated, especially in test cases challenging the constitutionality of the federal Defense of Marriage Act, allowing states to refuse to recognize gay marriages performed in other states. The American court is not bound to follow any foreign court decisions, but several of the Justices are urging their colleagues to make it a fairly routine part of the analysis of major legal questions.

It is a frightening concept for our very own Supreme Court of the Sovereign United States of America to even remotely consider how other nations rule! This dangerous trend cannot be tolerated!