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State Legislators Renew Battle Against Same-sex Marriage Decrees
The New American ^ | January 30, 2015 | Jack Kenny

Posted on 01/30/2015 12:08:11 PM PST by Tolerance Sucks Rocks

In what has been described as a new front in the battle over same-sex marriage, legislators in several states under judicial orders to confer marital status on same-sex couples have introduced bills to forbid state or local officials from issuing marriage licenses to couples of the same gender. The bills would also strip the salaries of employees who issued the licenses, the New York Times reported Thursday.

The bills have been introduced in the legislatures of Oklahoma, South Carolina, and Texas, with South Carolina also considering a bill that would allow officials to opt out of issuing such licenses if it conflicts with their “sincerely held religious beliefs.” Lawmakers in North Carolina and Utah have bills before them with similar opt-out provisions. And Roy Moore, chief justice of Alabama, has told officials in his state that they need not comply with a federal court order in favor of same-sex marriage in Alabama, in part because “nothing in the United States Constitution grants the federal government the authority to redefine the institution of marriage.”

More than 40 federal court rulings declaring a right to same-sex marriage have been handed down since the Supreme Court in 2012 struck down a provision of the federal Defense of Marriage Act that limited federal marriage benefits to opposite-sex couples only. On the same day, the justices also let stand a lower court decision that California’s ban on same-sex marriage, adopted by voters in a referendum in 2008, was unconstitutional. Last October the high court refused to hear an appeal from rulings requiring five states to grant legal equality between heterosexual and same-sex marriage, thereby increasing the the number of states permitting marriage for same-sex couples at that time from 19 to 24. It has since been made legal in a dozen more states, bringing the total to 36 states and the District of Columbia, encompassing 70 percent of the nation’s population.

Earlier this month, the Supreme Court agreed to hear a case brought by 15 plaintiffs in four states, appealing a ruling by the Sixth Circuit Court of Appeals in Cincinnati that upheld bans on same-sex marriage in Kentucky, Michigan, Ohio, and Tennessee. In writing the majority opinion, Judge Jeffrey Sutton said the voters and legislators, not judges, should decide the issue. The Supreme Court has scheduled an extraordinary two-and-a-half hour hearing on the questions of whether the Constitution requires the states to license a marriage between two people of the same sex and, if so, whether states must recognize the same-sex marriages of other states.

Those inquiries bring up a larger question: What provision in the Constitution gives any branch of the federal government — legislative, executive, or judicial — authority to reconstruct the meaning of marriage? The post-Civil War 14th Amendment guarantee that no state “shall deny to any person within its jurisdiction the equal protection of its laws,” was adopted to assure the safety and protection of African-Americans, especially those who had recently been freed from slavery. It surely was never the intention of the Congress that passed it or the states that ratified it to create an authority for the federal judiciary to impose on the laws of every state the peculiar novelty of our own time, namely that a union between two men or two women may be considered a legally valid marriage.

In the senate of South Carolina, Republican Lee Bright is the sponsor of a bill to allow state employees to opt out of issuing marriage licenses on religious grounds, an option he likens to provisions of existing laws that permit healthcare workers to refuse to assist in abortions. It seems likely to pass in a state where 78 percent of the voters in 2006 approved a constitutional amendment affirming marriage as a union between a man and a woman.

Some legal experts predict judges will be offended by state actions that impede their efforts to impose same-sex marriage in states where either voters or their elected representative have rejected it. “I think they’ll be angry,” Risa Goluboff, a law professor at the University of Virginia, told the New York Times. “I think they’ll see this as outright defiance and treat it that way.”

But defiance is sometimes the only way the people in their respective states can attempt to check a federal government that exceeds the authority delegated to it in our Constitution. So argued James Madison and Thomas Jefferson in their writings against the federal Alien and Sedition Acts in the Virginia and Kentucky Resolutions. After the Supreme Court delivered its Dred Scott decision in 1857, Abraham Lincoln did not call for defiance, but he did suggest that a Supreme Court decision may be subject to ongoing challenges. As he stated in his first Inaugural Address:

I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government.... At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.

The people of 21st century America have largely ceased to be their own rulers, due in no small part to an exaggerated deference to “that eminent tribunal.”

Such measures as are now being considered in a few of our states are a sign that the republican spirit, though long slumbering, is not yet dead.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; News/Current Events; Politics/Elections; US: Alabama; US: Kentucky; US: Michigan; US: North Carolina; US: Ohio; US: Oklahoma; US: South Carolina; US: Tennessee; US: Texas; US: Utah
KEYWORDS: 10thamendment; 14thamendment; abrahamlincoln; defenseofmarriageact; dredscott; gaymarriage; homosexualagenda; jamesmadison; judges; kritarchy; lgbt; marriage; marriagelicenses; nannystate; religion; roymoore; samesexmarriage; sixthcircuit; states; supremecourt; thomasjefferson
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1 posted on 01/30/2015 12:08:12 PM PST by Tolerance Sucks Rocks
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To: SheLion; Eric Blair 2084; -YYZ-; 31R1O; 383rr; AFreeBird; AGreatPer; Alamo-Girl; Alia; altura; ...

Judicial Homophilia Nanny State PING!


2 posted on 01/30/2015 12:12:52 PM PST by Tolerance Sucks Rocks (Je suis Charlie, you miserable Islamist throwbacks!)
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To: Tolerance Sucks Rocks

Have at it. The states have every right to take care of their own business as the people of the state see fit. The feds have NO constitutional say in the matter. Where the feds have interfered, the states must nullify.


3 posted on 01/30/2015 12:14:38 PM PST by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
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To: Tolerance Sucks Rocks

People are sick and tired of having judges abrogate religious freedom, self-government, and the internal nature God gives us.

Pray for a spiritual awakening.


4 posted on 01/30/2015 12:19:19 PM PST by SoFloFreeper
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To: Tolerance Sucks Rocks
The Bible is clear in its stance on Homosexuality (sodomy) and Homosexual marriage. Throughout the Bible Homosexual behavior and practice is forbidden as a sin against God Himself (Lev 18:22, Lev 20:13, 1 Cor 6:9-10) and breaks the everlasting covenant that God established with man in Genesis 2 & 9, where God told man to leave his father and mother and cleave to his wife, and then to be fruitful and multiply on the earth. This condemnation extends all the way to the New Testament where Homosexual practice is expressly forbidden.

Jesus said in Luke 17 that the last days before his return would be like the days of Lot (Sodom), where homosexuality and pederasty were practiced. Like Sodom, where men broke the everlasting covenant with God by legislating homosexuality and pederasty, the prophet Isaiah predicted 2500 years ago that the entire world would be like this in the last days and would bring judgment on the world...

Isaiah 24:1 Behold, the LORD maketh the earth empty, and maketh it waste, and turneth it upside down, and scattereth abroad the inhabitants thereof.

2 And it shall be, as with the people, so with the priest; as with the servant, so with his master; as with the maid, so with her mistress; as with the buyer, so with the seller; as with the lender, so with the borrower; as with the taker of usury, so with the giver of usury to him.

3 The land shall be utterly emptied, and utterly spoiled: for the LORD hath spoken this word.

4 The earth mourneth and fadeth away, the world languisheth and fadeth away, the haughty people of the earth do languish.

5 The earth also is defiled under the inhabitants thereof; because they have transgressed the laws, changed the ordinance, broken the everlasting covenant.

6 Therefore hath the curse devoured the earth, and they that dwell therein are desolate: therefore the inhabitants of the earth are burned, and few men left.

5 posted on 01/30/2015 12:26:42 PM PST by SandRat (Duty - Honor - Country! What else need s said?)
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To: Tolerance Sucks Rocks

SSM < > Same Sex Marriage, SSM = Sodomite pSeudo Marraige. They don’t want to get married, when they have it, they don’t do it, it’s not about marriage, it’s about their mania that we have no difference from them, they don’t want our healthy, beautiful, authentic marriages highlighting that what they have is a sickness, they won’t stop until they drag us all down into the sewer and have us doing to children what they want to do, it’s simply an addiction with an ideology top loaded onto it.


6 posted on 01/30/2015 12:37:44 PM PST by CharlesOConnell (CharlesOConnell)
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To: Tolerance Sucks Rocks

Now that’s what I call fighting!

Don’t give up the ship!


7 posted on 01/30/2015 12:57:42 PM PST by VanDeKoik
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To: Tolerance Sucks Rocks

Just published an under 2 minute video here:
http://youtu.be/8Uey1TiB4XY
Better hurry. Due to the content, no telling how long it will remain up!


8 posted on 01/30/2015 1:00:57 PM PST by Dick Bachert (This entire "administration" has been a series of Reischstag Fires. We know how that turned out!)
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To: Dick Bachert

Psalm 151?


9 posted on 01/30/2015 1:08:31 PM PST by Tolerance Sucks Rocks (Je suis Charlie, you miserable Islamist throwbacks!)
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To: Tolerance Sucks Rocks

Nullification and interposition are the responsibilities of this nation of free and independent citizens.

This is the reason to take back our own culture and tell the robes to go to hell....WITHOUT US.

We will not be ruled by the senseless or the sophist. We’ll not be tamed by the shouts of the overseer. We’ll rise to the voice of the wise in opposition. And united in holy anger we’ll grab the whip, shout down the twisted thinking, and say NO to their demands.

We’ll meet overruled law with new law, we’ll tie them up in their own long processes, and then we’ll repeat the same process over and over. We’ll not quit. We’ll not surrender.

And we’ll watch them go to hell...a stench for eternity in the nostrils of those who cherish a free, wholesome, and independent life.


10 posted on 01/30/2015 1:15:10 PM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Tolerance Sucks Rocks

Beyond the fact that no two men, nor two women, can create a “marriage,” there is a simple fact that most people have decided to ignore: marriage is a personal contract between two people.

It is completely within the rights of each state to determine who can enter into said contracts, and how those contracts will be handled - PERIOD!!

The best part, for me, is the Alabama judge who simply stated that the US Supreme Court does not have the authority, as given by the Constitution, to define “marriage.” Therefore, their opinion in this matter is as straight forward as the old saying about opinions and a$$holes!

I mean, this PC stupidity was placed on display today, when New York City has a formal document for requesting birth certificates, which asks something like is the mother giving birth to this child, male or female? Uhhhhh...

There is NOTHING that SCOTUS can do to fix these perceived wrongs against humanity, because the only “wrong” is in the mind of the delusional idiots who think they are a different sex than what their DNA has determined!!


11 posted on 01/30/2015 1:15:32 PM PST by ExTxMarine (PRAYER: It's the only HOPE for real CHANGE in America!)
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To: Tolerance Sucks Rocks

Good. The states need to step up. Be creative, do what it takes to stop this abomination. The citizens will support it.


12 posted on 01/30/2015 1:29:56 PM PST by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a Classical Christian Approach to Homeschool ])
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To: Tolerance Sucks Rocks

While the Tyrants in black-robes will not tolerate this little rebellion against their despotic new lawmaking. God Bless the legislators and brave men who stand up for the religious right to object, as well as the State’s rights to define marriage.

If lawless Washington cannot be allowed to continue to dictate every matter local and personal to our States! On a matter such as this were the Teachings of God forbid the endorsement of a sinful activity we cannot yield, for I fear God and the Consequences of ignoring his word more than I fear whatever Washington might do to me for refusing to bend to their evil and lawless ways!


13 posted on 01/30/2015 2:05:43 PM PST by Monorprise
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To: ForYourChildren

“Good. The states need to step up. Be creative, do what it takes to stop this abomination. The citizens will support it.”

I can see the left harshly condemning this measure just like every other that runs contrary to their ideology as Bigoted. But let us remind them time and time again that theses were the Laws passed by the people NOT Unelected tyrants in black-robes and upheld for more than 200 years sense!

Any man who wear the black robe of a judge and declares such an act unlawful is a lawless liers, acting like a despot!

Its time to stand strong and point out the treasonous and hypocritical acts of the Federal court to the people! There IS NO MORE JUSTICE THAN THERE IS HONESTY AND HISTORIC CONSISTENCY among the 9 in Black Federal robes!

You simply cannot take an act and law that has been upheld for 200 years and suddenly throw it out without alteration by the people and their legislators without crossing the line into lawmaking.


14 posted on 01/30/2015 2:12:53 PM PST by Monorprise
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To: xzins

“Nullification and interposition are the responsibilities of this nation of free and independent citizens.

This is the reason to take back our own culture and tell the robes to go to hell....WITHOUT US.”

On this matter we can and must expose those the lawless corruption of those Federal Employees in black robes!

We must call them out and appeal to the people about the very clear injustice of declaring an act settled by the people 200 years ago and never questions could suddenly be declare by said employees to be unconstitutional under a law just as old.

There was no oversight, simply a unlawfull rewrite of the laws and customs of our country by men who can as a result only be described as tyrant in their efforts to overthrow that Constitution settled 200 years ago with their own written and rewritten according to their mere dictatorial whim.

Tell the lawyers and legal experts tran and invested in this sort of lawlessness to shove it too. I’m not buying that their profession has the power to rewrite our laws into whatever they want.


15 posted on 01/30/2015 2:19:54 PM PST by Monorprise
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To: Monorprise
I’m not buying that their profession has the power to rewrite our laws into whatever they want.

They do not have such power. Lawless and tyrannical judges must be opposed, stripped of power, and branded for history as traitors to freedom.

The Fed SPECIFICALLY has been denied authority over anything not mentioned in the document. Where exactly does the Constitution say that same sex marriage should be forced upon our culture?

They get to define immigration law. Tax law. etc., etc. Where does it say MARRIAGE law?

16 posted on 01/30/2015 2:37:07 PM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Tolerance Sucks Rocks
Struggling With Nullification
17 posted on 01/30/2015 2:54:19 PM PST by Jacquerie (Article V. If not now, when?)
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To: CharlesOConnell

Of the Radical left who now firmly control our media This is now their latest crusade to destroy the fabric of our country. I wish I could say we could survive this onslaught it, but our birthrates are already sub-replacement and our families hanging on the edge of the corrupted modern concept of marriage after the last 50 years of their crusades.

It seems very likely that this compete redefinition of the very concept of marriage to being simply about a feeling rather than a commitment a family, as well as the encouragement of non-fertile unions may be the straw that breaks whatever was left of our cultural and demographic back.

Should they win this war like they won every other war thus far, our only hope will be in a kind of revolution and reinvention of the concept of family and marriage. Something to exclude them and their evil self-destructive ideology specifically. Something that focuses very specifically on Children and mantaning the birth parent relationship. We will have to become a sub-culture separate and apart from their culture to survive.

Either way with a broken demographic Camel this country as a whole cannot survive, we WILL necessarily be overrun and overpowered by still reproducing foreign couture’s. As a result we will soon enough find ourselves Aliens in our own country no matter what we do. First we will be aliens to the hedonistic and sodomite majority, then in time, as they inevitability die out we will be aliens to a culturally foreign majority probably largely Latin American.

I really do find myself wondering why we should bother spending money to defend militarily a country already dying and being overrun.


18 posted on 01/30/2015 2:55:39 PM PST by Monorprise
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To: xzins

The 11 page U.S. Constitution of course never said a word on that strictly domestic subject, nor almost any others. Indeed we were promised by Hamilton and Madison alike that the U.S. Constitution would create a Federal Government focused on objects largely foreign in nature, not domesic.

Never in the 200 year history of this republic has State laws respecting the 1 man 1 woman definition of marriage been found or ever thought forbidden by our constitution. To suppose that 9 Federal employees in black robes sitting on a bench in the year 2015 some hundreds of years later suddenly see otherwise is nothing more than then insane excuse of a tyrant for tyranny.

We must expose to the people that theses are in fact very dishonest men, that under their presumptions of boundless authority in the redefinition of centuries old law, no law made by the people can be said safe from tyranny of them faithless ones in black robes.

The very existence of law of the people depends upon our success, and thou every leftist trained lawer in the world is inclined to call us nuts it is their profession that has only to gain from such boundless authority, not merely to protect people under the law but to revise that law as openly as their so called ‘judges’ do.


19 posted on 01/30/2015 3:06:52 PM PST by Monorprise
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To: Tolerance Sucks Rocks

Any state which has, by plebiscite, legislation, or constitutional amendment barred two men or two women from simulating marriage is on perfectly firm ground in resisting the edicts of Article III courts established by Congress, since those courts are not lawmaking bodies.

CONGRESS has the Article IV §1 power to require recognition of such arrangements contracted in States where they are legal (and by “legal”, I do not mean ordered by a court in contravention of State law). “Legal” in this context means pursuant to a bill passed by a State legislature and signed by the governor in the ordinary way.

Resisting the Federal courts in this way is not nullification, because no Federal law is being nullified. Should Congress pass a bill and the President sign it into law under the Full Faith and Credit clause requiring Oklahoma to recognize unions contracted in New York, and Oklahoma resist, THAT would be nullification.


20 posted on 01/30/2015 3:11:39 PM PST by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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