Is this possible

07-01-2015, 06:42 PM, (This post was last modified: 07-01-2015, 06:46 PM by rwhite135.)

rwhite135
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RE: Is this possible

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07-01-2015, 06:42 PM (This post was last modified: 07-01-2015, 06:46 PM by rwhite135.)

What the court ignored is that gay marriage wasn't a 1st Amendment case, it was a 10th Amendment case. No where in the US Constitution is marriage mentioned, nor is it mentioned in any of the Amendments. Therefore the power to regulate it falls to the individual states and not the federal government, including the judiciary. In other words no federal court has the power to throw out any state law banning gay marriage. This differs from the civil rights based on race cases as the 14th Amendment, and others passed at the time, applied all rights to blacks that were enjoyed by whites. No Constitutional Amendment has done so for homosexuals, other than those based on their race. To apply them and the First Amendment in the way SCOTUS did would make the founders turn in their graves. It should also be noted that no state has been required to recognize a hetero marriage from another state but now all are required to recognize a homosexual one.

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