An Answer to Justice Scalia on Gay Marriage
During oral arguments Tuesday, March 26th 2013, Justice Antonin Scalia asked,
“When did it become unconstitutional to exclude homosexual couples from marriage?”
If you’ve read my book and even better, if you understand my book, the answer is really simple.
The Constitution never excluded homosexual couples from marriage.
In fact, it also never allowed homosexual couples to marry.
When the original Constitution was written, marriage was never mentioned so according to the Bill of Rights, the issue is left to the States.
In this case, one of the most liberal states in the union voted to ban gay marriage via Proposition 8. Per the Constitution the Federal government has no opinion or voice on the matter of marriage. To make sure everyone understood what they meant, our forefathers included the 10th Amendment that states:
“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.”
Clear and simple. The federal government may not have an opinion and the Supreme Court should reverse any decision made by a lower federal court, in this case I believe the 9th District. This also means that if a state votes to allow homosexuals to marry, it’s their state.
The federal government, including the supreme court, can’t even use the equal protection clause in the 14th Amendment because there is a litmus test, in that clause, that has been met. The term “without due process of law,” is in that equal protection clause and what can be more “due process” than the people of California or of any State to make law using the “process” of our right to vote for what we want.
The Constitution DOES NOT allow the federal government to say one word about marriage. Marriage has nothing to do with protecting our political freedom from a tyrannical government and that’s what the Constitution and the Bill of Rights was written to do.
It is also the CONTRACT made between the States that defines the role of the federal government and that same federal government MUST abide by the words and the intention of the original Constitution and Bill of Rights.
A note to those of you who have sent me comments that discuss homosexuality. I didn’t write my book to do that, I wrote it to define the Bill of Rights, its relationship with the original Constitution and how most of our current leaders and judges misunderstand, misinterpret and abuse our Constitution. I won’t publish any of those response comments.