Requiem for a Bad Law

Posted: June 26, 2013 by carltate81 in Uncategorized

I look at this ruling and can only come to one conclusion; we conservatives backed ourselves into this corner. Aside from the governance of federal land and the military, the federal government has no business speaking to the issue of marriage and a political party that supposedly believes in limited government would understand that and take steps to prevent it from doing so. Instead we got cute fifteen years ago and passed the Defense of Marriage Act, which anyone with half a brain knew would eventually be overturned (on equal protection grounds or as a violation of the full faith and credit clause of the Constitution). We partnered up with the most unreliable of allies, liberal Democrats and our very own boy President Bill Clinton, to pass a federal law defining marriage and of course our allies turned on us just as soon as the political environment switched up. Instead we should have been the true party of limited government and fought, from the very beginning of this battle, to remove marriage completely from the purview of the federal government, especially its elimination the tax code.  In my opinion, humble as always, Republicans needed a refresher course on the Constitution when DOMA was passed and the ones complaining now need one even more so.

As for Christian conservatives, if you’re mad about today’s SCOTUS ruling and you’re looking for someone to blame, take out a mirror. This is a direct result of our leaders deciding it was more important to be political leaders and men/women of influence nationally than preachers of His word. Too many of “our” leaders are sitting on talk show sets, sparring with left-wing adversaries about social issues when they need to be in pulpits or pews or, more importantly, out in their communities talking about Christ. Over the past forty years, since the inception of such groups as the Moral Majority and the Christian Coalition, we’ve boasted about how many Congressmen and Senators and even Presidents we’ve elected, we’ve high-fived each other over the laws we we’ve been able to get passed, but how many souls have we brought to Christ? How many bellies have we filled with food, both physical and spiritual? And when did we make the compassionate, graceful and loving case for traditional marriage? The answer to each of those questions should give every believer in America pause.

Let’s face it, the American church dropped the ball on this issue (and is doing so on many others) and there’s no sense in blaming the Supreme Court for reaching a logical conclusion on this issue, given the precedence.

Now as for that legal precedence, the Supreme Court has been heading in this direction for the better part of 20 years. Why the surprise? Why the outrage? Yes, the use of the Fifth Amendment’s due process clause to accomplish their goal today was questionable (some would refer to it as absurd, but I digress) but it wasn’t without precedent. Besides that recent court cases dealing with LGBT issues have usually been decided in favor of expanded rights and freedom. But the bottom line is this – everyone MUST be treated equally under the law. If a state allows gays to marry then they’re entitled to the same benefits and rights every other married couple is entitled to under the law. If the federal government decides it wants to extend a set of benefits to married couples then it must, it must, extend those benefits to ALL married couples in the United States. As stated earlier, our Constitution does not grant the federal government the authority to define what is or isn’t civil marriage. That is a right reserved to the states through the Tenth Amendment. And by the way that’s how the Supreme Court should have did away with DOMA, by declaring it invalid under the principles spelled out in our Tenth Amendment.

Federalism, what a novel idea.


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