The United States Supreme Court today in a landmark 5-4
decision ruled to strike down bans on Gay and Lesbian marriage throughout the
country. This is very good for the LGBT community, and I thoroughly believe it
the right of a person to love and spend their life with who they will. However,
this is a very dark day for the Constitution of the United States.
The Tenth Amendment to the US Constitution states
unequivocally that "The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people."
In short: this amendment states that unless a power is
specifically granted the US Federal Government (The Supreme Court included) or
forbidden to the States (ex. coining their own money, issuing writs of
attainder or creating ex post facto laws.) said power must remain with the
Local, County and State governments. This Amendment lists no exception, and
leaves no room for mistranslation and is beyond all contestation.
As such, any Legislative action or Judicial ruling on the
matters of marriage MUST remain at the State level only.
The ruling today, while widely hailed as historic,
egalitarian and benevolent, and which will no doubt benefit many and right a
long-standing wrong: is flawed. This was a matter for Fifty Legislatures and
Fifty Governors to decide and be held to by the populations of Fifty States.
The Constitution of the United States was dealt another blow
today by a Supreme Court that is more activist than at any other time in
history, by a President who bears no regard to the legality or lasting
ramifications of his social agenda and a Congress without the courage to hold
to their founding document.
Love who you will, it's none of my business. It's also none
of Washington D.C.'s business. And forcing any religious person, establishment
or body to comply with something that is in direct contravention of their faith
is illegal under the First Amendment which protects the freedom of religion.
The Republic is in mortal danger, because paraphrasing
President Jefferson: The Government with the power to give you everything you
want, has the power to take everything you have. I would welcome the State's
agreeing to uphold Gay marriage without encroaching on religion, on that day I
would celebrate. But not today.
Thank you for Reading.
Photo Credit By Fibonacci Blue [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Originally posted on LinkedIn at: https://www.linkedin.com/pulse/constitutionalists-treatise-gay-marriage-matthew-holloway
The decision was not about marriage bu about getting licenses to marry, and that is covered by the 14th Amendment, which does apply to the states. The solution is for states to stop licensing marriage. Licenses are not needed.
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