Sunday, August 2, 2015


     On June 26, 2015, in the case of Obergefell v. Hodges, No. 14-556, the Supreme Court of the United States decreed: "same-sex couples may exercise the fundamental right to marry in all States" and "that there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character."
    However, the State Law in Texas, as in most other States, defines marriage as between one man and one woman. There is nothing in Article III of the United States Constitution that gives the Supreme Court power to repeal or declare a State's Law. That is for the Legislative Branch representing the People of that State.
    The Tenth Amendment provides: "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."
     The States have the power under the Constitution to make laws that define marriage as a union between one man and one woman. A same-sex couple does not have an Equal Protection of the Laws complaint because the Law does not allow a same-sex marriage. A same-sex couple does not have a Due Process complaint because the Legislative Branch of State Government has the Power under the Constitution to make the Marriage Laws. The remedy for a same-sex couple is to move to a State that allows a same-sex marriage. But these disorderly petitioners went to States that allow a same-sex marriage and then went to other States that do not allow same-sex marriages to create a law suit.

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