High Court’s Same-Sex ‘Marriage’ Decision Uses 14th Amendment to Ignore 1st and 10th Amendments

dstryngcnstnIn a sweeping, groundbreaking decision today, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex marriage is now legal in all 50 states. Justice Anthony Kennedy, considered the swing vote on the high court, authored the 5-4 ruling. All four of the conservative leaning justices wrote their own dissents. The court could have stayed out of the fray, and allowed the people to decide in the various states, which was the position argued by attorneys representing the states banning same-sex marriage. Most states were trending toward legalizing same-sex marriage, with only 13 states left banning it. The high court’s decision was somewhat expected, having struck down part of the Defense of Marriage Act, California’s Prop. 8 and declining to hear earlier appeals of lower court decisions striking down same-sex marriage bans.

The lawsuit filed by several gay couples asked two things: 1) whether states could ban same-sex marriage, and 2) whether states were required to recognize same-sex marriages from other states. The court held that the 14th Amendment requires the states to legalize and recognize same-sex marriage.

The opinion was light on constitutional analysis and heavy on admiration for same-sex marriage. “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family,” Kennedy wrote. “In forming a marital union, two people become something greater than they once were.”

Read the rest of the article at The Stream

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