Posted on 06/26/2015 7:01:22 AM PDT by markomalley
Ruling just came out 5-4
Willard the father of same sex marriage in MASS is crying with joy and relief today...
Up until this morning I would have called marriage a state responsibility. Now we find that all along it's been a power reserved to the United States. So I would think states have no business issuing marriage licenses.
It seems to me that those saying the state should get out of the marriage business are right, except possibly to rule that a notice must be posted publicly, as when a couple separates, that a promise has been made (or broken) between two people to do such-and-such—wills, hospital visits, custody of children, etc.
Then the religious among us can have celebrations of the promise made before God at our local churches or wherever we like. No church sanction, no legally binding piece of paper. Because fundamentally it is a promise made between two people, which can never be illegal on its face. If you make it before God, that is your choice, and then it is really a marriage. Only difference is you don’t have run to a priest first chance you get.
Still thinking this over . . .
FWIW that is a call to arms.
Our Republic is dead. We are officially a dictatorship. There is no consent of the governed anymore.
This country is doomed, officially, it’s doomed. Black robed tyrants have now sealed God’s judgment upon us. There is no other way to look at it.
My DH is 72 and feels the same as you, with precious few years ahead and misses the America we grew up in. Sad day for America...only God knows where we’re headed; it’s ugly as ever.
This is a time for prayer and for remembering we are never to put our trust in princes.
This is a time for prayer and for remembering we are never to put our trust in princes.
I am coming to the conclusion that secession is tantamount to survival. The "Union" currency, and those who manipulate it are in the process of slowly getting us all killed.
There are people who would condemn themselves and their families to misery and destruction all for the sake of preserving an illusion of a Utopian idea that was never really true in the first place.
States rights died with Fedzilla's conquest of the Independence movement of 1861.
I posted his dissent in breaking. Look at the underlined.
I think Scalia is calling for a rebellion of some sort.
Time to push the reset button and start over. We really haven’t had a constitution that has been followed as law since at least FDR. And this just finishes completely.
Constitution convention. Call the states together, let’s get started.
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
....
Since the feds have decided they can determine who can and can’t be married the states are opening themselves up to another law suite and other legal burdens if they deny someone a license.
For example 3 or 4 people all want to marry each other.
State may say no, get sued and the fed govt says yes.
States have to take on legal and monetary burden to support a position which they have no say in or no guidance from the feds.
Feds can’t force states to take on monetary and legal burdens for something they have no control over.
This is from the original Obamacare decision, the fed govt can’t force states to pay for that which is the feds responsibility.
Anyone that wants to get married can go get the license from the fed govt. This marriage will be recognized by fed law in every state.
As far as divorce or annulment of a marriage, let the feds decide who is and who isn’t married.
If a man and a woman want to enter into a state sanction union they can get a license from the state that will only be recognized in that state or states that agree to recognize it.
State courts can also dissolve the union.
If you read Justice Robert’s dissent it is an example of pure judicial hypocrisy. He chastises the majority for acting as a legislature and yet his two decisions on Obamacare do exactly what he condems the majority for doing on this one.
I also find it interesting that Roberts chose to write the dissent in this one. I think he did it to try to recover some of his conservative credentials. I also find it interesting that rather than giving the majority opinion to Ginsberg or one of the lefties, he appointed Kennedy to write the majority opinion - thus making it look like this one has the stamp of approval of Ronald Reagan rather than Clinton or Obama.
By giving Kennedy the opportunity to destroy the constitution it lends more credence to the opinion in that people will say that it was authored by a Reagan Conservative.
I grieve for our nation.
I would like to see a rebellion from the States on this one. They need to continue to refuse to give same sex marriage licenses and if they want a marriage license, then can apply for one at the Federal Building.
Let’s see how Walker reacts to this one.
I’m hearing that Alabama is moving to stop issuing marriage licenses altogether. Seems a wise move to me.
Hysterical nonesense - only 2.3% of adult Americans are dependent on any illicit drug, far too small for a "main root cause."
Too bad I wasn’t joined by more people. Instead, for example, there was one poster with “Saint” in his name saying smoking dope is no big deal just like huffing turpentine.
Bet he didn't - have a link?
Only 2.3%? Really?
Sure that’s not 2.4%?
I actually said this to my son 5 years ago with this possible ruling in mind. He didn't listen.
Keep in mind these will be very expensive divorces because of the money involved with a two man income marriage.
And per-nups. Don't forget all the per-nups it will produce.
10th Amendment dead. States won’t enforce it. They ask the FEDERAL courts permission first and just got told no.
Technically all those state laws that limit their marriage licenses to one man and one woman are void at this point. Unless they change their laws, there are no marriage laws in those states. So under this ruling there is no basis for the states to even issue marriage licenses to opposite sex couples.
I would agree that the Governors of those states should simply order that all county clerks cease and desist from issuing any marriage licenses at all.
I would also direct all couples who wish to be married to file for a license at the Federal Building in their county.
Then let the Supreme Court enforce their order.
Also those churches that oppose gay marriage should continue to solemnize marriages on a religious basis, but stop signing the marriage certificates. They should direct their parishoners to go through the civil process to get state recognition of their marriage, but if they want God’s blessing then they can get married in a religious ceremony at the church.
Marriage no longer has any meaning in this country. If the state recognizes same sex unions as “marriage” then what is the point of getting the state’s approval of your opposite sex marriage?
Marriage has always been a commitment before God. You do not need the imprimatur of the State, especially when the imprimatur also recognizes sodomy as a legitimate form of marriage.
The churches need to stand up against this ruling. Unfortunately many of the churches these days will “celebrate” this ruling.
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