With all of the hullabaloo over the Supreme Court addressing same
sex marriage, I can’t help but educate both progressives and liberals as to the
Constitutionality of this issue. First and foremost, both DOMA (the
defense of marriage act) and what the Supreme Court is hearing right now, the
marriage equality issue, are both unconstitutional.
Nowhere in the
Constitution does it say anything about marriage and whether or not marriage
should be between a man and a woman or any combination of the two. As with many
other issues, the federal government attempts to tackle an issue such as this
that should fall within parameters set forth by the fourth amendment. The
fourth amendment ensures the federal government only addresses issues that
pertain to the United States Constitution. As a result it should be up to
each individual state to decide how to handle same sex marriage.
Another aspect of
this issue I fear greatly is if this passes the Supreme Court is the idea that
the federal government will then assume they have the power to decide
whether or not religious institutions should honor same sex marriage, even
if it is against their beliefs. The federal government could leverage religious
institutions tax exempt status and threaten to revoke that status if they do
not honor this.
This is why we must fight to get this issue and ones like this out
of the Supreme Court and back to the individual states as the Constitution
intended. If we do not see this issue
for what it is, more and more issues like this will be presented before the
Supreme Court which will continue to erode away the foundational values this
country was built upon.
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