For my first post I will use something I wrote over the summer of 2015 when the Supreme Court miss used the Constitution to allow them to violate the Constitution and the right of the States in regards to same-sex marriage.
Despite yours or my personal opinions on gay marriage, the decision of the Supreme Court is a direct violation of the Constitution of the United States of America.
According to Article 3 of the Constitution on the Supreme Court "The Judicial Power shall extend to all Cases in, Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority". The Supreme Court ruled that “the denial of marriage licenses to same-sex couples violated the equal protection clause of the Fourteenth Amendment”.
The 14th Amendment, Section 1 reads “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Some states have passed laws that say marriage is only between a man and a woman and will only issue marriage certificates to them, as long as that is applied equally to all the persons in that state it is not a violation of the 14th amendment (saying those 2 women can get married and those 2 men can’t, would be an example of a violation). Since there is no law under the Constitution defining marriage or the conditions in which certificates can be awarded, then the 10 Amendment applies “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”.
So unless both the Senate and House of Representatives each, with a majority vote, decide to pass a law and amend the constitution to define marriage or marriage laws then the states are well with in their Constitutional rights to make a law regarding marriage (for or against same sex) and as long as that law is applied equally in all cases in that state then there is no Constitutional violation.
The Supreme Courts decision means that states do not have the right to make laws governing marriage which is a violation of the 10th Amendment and there for a violation of the Constitution of United States of America.
Regardless of your personal feelings on the issue every citizen should stand up for the Constitution and against Federal Government infringing on State’s Rights.
If you support gay marriage then start a movement to have it legalized in your state. If they vote on it and it fails then, as a democracy, respect the decision of the majority or move to another state. Same goes for those who are against it. If you really feel it should be federal mandated then petition your Senators and Representatives to have a vote for it to be added as a law to the Constitution. That is the way the Democratic Government is supposed to work.
