Once again the Supreme Court has decided to become a law-making body in it’s ruling on the Obergefell v. Hodges case under the 14th Amendment. The 14th Amendment Privileges and Immunities clause has always teetered on the edge of encroaching the states’ rights by the expansion of the federal government. In this case apparently the court decided that abrogation of state law was necessary in protecting the civil rights of persons that were previously guaranteed by the states. This is an egregious ruling on a number of levels as it not only vacates the rights previously defined by the states but also rights defined by (the federal) congress. At issue in my opinion, is the lack of definitive enumeration of the privileges and immunities under the amendment leaving the federal government, in this case the court, in a position to vacate almost anything enacted by the state governments. In this decision the court has walked onto a slippery slope by gutting Section 2 of the 1996 Defense of Marriage Act, which was passed by large majorities in both houses of congress. The current court shows a dangerous willingness to ignore not only states’ rights but duly enacted legislation by congress as well. One can only be concerned that another Clinton in the White House given a SCOTUS vacancy, might further push the court into an anti-federalist stance. To be clear the ruling does not force states’ existing marriage laws into permitting gay-marriage, but requires states to license gay-marriages performed out-of-state. Nonetheless, the ruling thoroughly tramples the federalist principle that the states have the preemminent duty to protect the civil rights of it’s citizens. Here we have a derelict Supreme Court once again ignoring the separation of powers by reversing their true constitutional duty to define what the duly enacted law is not what it should be, and in that process becoming a law-making body. Let me be clear here, I fully support civil unions with equal rights and protections given to lawful marriages, but marriage throughout history and biblically has always been the union of male and female. No doubt this ruling will open the door for further attacks on Christianity.
It’s a sad day for the Constitution as envisioned by the founders. James Madison is once again spinning in the grave.
Discuss and Carry On-