Today the Supreme Court is ruling on whether or not Gay Marriage is constitutional. Had the majority of the Supreme Court actually ever read the Constitution this case would have taken up 5 minutes of the court’s and the Justices’ time. Instead the justices are deciding whether or not to rule using their own morality, and forgetting what they are actually supposed to be ruling on.
I am a strict Constitutionalist. I believe in god-given rights that are recognized and enshrined in the Constitution. I believe that this country should be ruled by what the Constitution explicitly says and not what some “Wise Latina” wants it to say. Many times I have read the Constitution. I keep a pocket constitution handy nearby. With my eyes closed I can point to it on the desk. Not once in my many readings of the Constitution, or the Declaration of Independence for that matter, does it mention, hint at or vaguely gesture to “Marriage.” There are 7 Articles in the Constitution and 24 Sections, and not once does it say the word “Marriage.”
But the creators of the Constitution were very wise. If they didn’t mention a topic in the Constitution, that explicitly means that the States must decide what is good for them. It says this in the 10th Amendment to the Constitution.
“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 the State of California decided that they didn’t want to allow men to marry men, and women to marry women. They did this by describing marriage as only the union between a man and a woman. They wrote it into law, and successfully voted on it by popular vote. But they were denied and had their law ruled as unconstitutional to the California Constitution (not to be confused with the US Constitution). So they organized a vote to amend the California Constitution to say that marriage is between a man and a woman.
They followed the prescriptions of the California Constitution and the United States Constitution to the letter!
What should have been the end of it turned into another beginning. The beginning of the Federal Government illegally and unconstitutionally extending the scope of its power. Again. The first federal appeals court to receive this case should have dismissed the challenge to their constitutional amendment with prejudice. But they didn’t. I wish this were the first time this happened, but it isn’t. And I doubt it will be the last.
If, as a country, we want to make gay marriage legal, there is only one legal and moral avenue to achieve it. That is to call a Constitutional Convention and have two-thirds (34) of all the states vote to approve the new 28th Amendment to the United States Constitution. I will support and vote for such an amendment because I believe in the right of self-determination. This road will legally bring the purview of what marriage is under the wing of the Federal Government and set one standard for all the Country.
What I will not support is the active shredding of the United States Constitution in order to reach a desired end. The ends do not justify the means. Far more damage will be done to the country if gay marriage is legalized through Supreme Court Proclamation than the worst of possibilities the religious imagine will happen if gays are allowed to marry.