Breaking: The US Supreme Court has agreed to take up the issue of same-sex marriage

Breaking: The US Supreme Court has agreed to take up the issue of same-sex marriage.

"Note that neither of the words “privacy” or “abortion” are constitutional terms."

"Although the Bill of Rights does not explicitly mention "privacy", Justice William O. Douglas wrote for the majority that the right was to be found in the "penumbras" and "emanations" of other constitutional protections, such as the self-incrimination clause of the Fifth Amendment.

Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment in support of the Supreme Court's ruling.

Justice Arthur Goldberg and Justice John Marshall Harlan II wrote concurring opinions in which they argued that privacy is protected by the due process clause of the Fourteenth Amendment. Justice Byron White also wrote a concurrence based on the due process clause."

"Justice William O. Douglas wrote for the majority that the right was to be found in the "penumbras" and "emanations" of other constitutional protections, ..."

First, note that Justice William O. Douglas was one of the activist justices nominated by Constitution-ignoring socialist FDR, the other justices that you mentioned post-FDR era justices.

Next, note that until the 14th Amendment (14A) was ratified by the states that the Founding States had decided that the states did not have to respect the Constitution’s enumerated privileges and immunities, including those in the Bill of Rights. As evidenced by the Supreme Court case of Barron v. Baltimore, 1833, the Constitution’s privileges and immunities protected citizens only from the federal government.

So regardless that activist justices like Justices Douglas put on their politically correct (PC) “magic glasses” to find where the Founding States hid the so-called rights to privacy and abortion in the Constitution, it remains that until 14A was ratified that the states did not have to respect even the enumerated rights. So the states were free to exercise their constitutionally unchecked, 10th Amendment-protected power to regulate privacy, abortion and marriage, state power to regulate marriage the issue of this thread.

And as I have previously posted, John Bingham, the main author of Section 1 of 14A, had clarified that 14A applies only enumerated rights to the states, privacy, abortion and gay marriage remaining non-enumerated, PC “rights."

And speaking of reading the Constitution with PC “magic glasses,” Justice Douglas evidently “overlooked” that the Supreme Court had previously clarified that the Constitution was written to be understood by the voters. So additions and interpolations like Justice Douglas's finding the so-called Democrat-favoring, vote-winning PC rights to privacy and abortion in the Constitution are unacceptable.

“3. The Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning; where the intention is clear, there is no room for construction and no excuse for interpolation or addition [emphasis added].” —United States v. Sprague, 1931.

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