OP-ED: Gay marriage: How did a state issue become a federal case? - JuniperCivic.com
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Originally published in the September 2015 Juniper Berry Magazine

OP-ED: Gay marriage: How did a state issue become a federal case?

This past June, in a landmark 5 to 4 decision, the Supreme Court decided that gay couples have a constitutional right to marry; a decision that was sharply denounced by the dissenting justices and praised by President Obama and other liberal democrats. And as the liberal propaganda national network – AKA the mainstream media – flooded its newspaper pages and airwaves with cheers of a progressive victory, America put a little more distance between herself and the United States Constitution.

Regarding the constitutionality of the ruling, in short, the function of the United States Supreme Court is to interpret and examine state laws to determine whether they conform to the U.S. Constitution. When the Supreme Court ruled that the Constitution guarantees a right to same-sex marriage, it was hearing the Obergefell v. Hodges case which was a melding of several cases brought by same-sex couples challenging the definitions of marriage in Ohio, Tennessee, Michigan, and Kentucky.

The core argument was whether or not the 14th Amendment was proof that gay marriage was implied in the Constitution. But when the 14th Amendment was ratified in 1868, every state limited marriage to one man and one woman and all accepted the constitutionality of doing so. So yes, marriage is a right, but according to the Constitution, it is a right specifically between a man and a woman. Not to mention that when the 14th amendment was ratified, homosexual behavior was a felony in every state in the union. So if the 14th Amendment was intended to include same-sex marriage, then every state in the union intended to throw the new couple into prison as soon as the marriage was consummated.

As if the unconstitutionality of the Supreme Court's decision wasn't bad enough, a healthy dose of hypocritical reasoning was added for good measure.

2013: Court: It's a State Issue

In 2013, conservatives wanted the Supreme Court to rule that marriage should be defined constitutionally as between a man and a woman under the 1996 Defense of Marriage Act, but the Court decided against hearing the case because to them it was a state issue.

Justice Anthony Kennedy stated in his decision that struck down conservatives' push for the Federal decision: The state's power in defining the marital relation is of central relevance in this case....The opinion was applicable only in those states where same-sex marriage is legal.

Kennedy made it very clear that the Supreme Court would not have the federal government define marriage as between a man and a woman because it was a state issue.

2015: Court: It's a Federal Issue

However, in 2015, liberals wanted the Supreme Court to rule that marriage should be redefined constitutionally to include same-sex couples.

This time, Kennedy ruled in favor of liberals regarding same-sex marriage stating, They (homosexuals) ask for equal dignity in the eyes of the law. The Constitution grants them that right.

So, Kennedy made it very clear that conservatives could not have the federal government define marriage because defining marriage was a state issue, but liberals could have the federal government define marriage because defining marriage is not a state issue but a federal issue.

Devaluing of the Family Unit

When one looks at the enormous publicity given to the Supreme Court's same-sex ruling, one could easily infer that a sizable percentage of Americans were directly affected and in fact according to a recent Gallup poll, Americans questioned believe that almost 25% of the country's citizens are homosexual. Given the actual accepted figure is around 2%, how can Americans be so far off on their estimates?

Experts point to the liberal media and Hollywood as a major contributor in distorting the perception that nearly one quarter of the country is gay in order to push a gay agenda.

And many argue that the liberal courts are acting like dictatorships overriding the wishes of the people. Case in point: California's Proposition 8 that passed in 2008 where, in a statewide election, voters sent a message that they wanted marriage to be only between one man and one woman, only to have a federal judge simply declare Proposition 8 unconstitutional.

The fallout regarding the Supreme Court's ruling on same-sex marriage and the challenges facing a sizable portion of the population being forced to accept what they find unnatural has only just begun.We are already seeing the devaluing of the family unit and now there is an effort by the liberal media as well as Hollywood to condemn any views opposing gay marriage as well any individual that does not accept the gay lifestyle as normal and healthy.

September 2015 Juniper Berry Magazine

September 2015 Table of Contents