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Supreme Court rules DOMA unconstitutional

The U.S. Supreme Court struck down the Defense of Marriage Act on Wednesday, ruling it unconstitutional. The ruling does not legalize gay marriage in America. What it does do is afford same-sex couples who are legally married the same treatment as married heterosexual couples.
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Jun 26, 2013, 9:11 am
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Scalia read his dissent, saying that the court’s explanation of its jurisdiction and decision “both spring from the same diseased root: an exalted notion of the role of this court in American democratic society.”

Well said,

While I’m not a lawyer, I do know how to both read and think, and this is my opinion based on both those abilities…

SCOTUS did indeed lack jurisdiction in this case. If you read the Constitution cover-to-cover, you will not see mention of marriage in it anywhere. Since it is not covered in the Constitution, then what we’re supposed to be doing is going to the oft-ignored Tenth Amendment…

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.

To me, how I read that (and I’m confident that I’m right) is “Hey, if you don’t see it covered in here, then it is up to each state to decide for itself how it wants to deal with a specific issue”.

Well, again, marriage isn’t covered in the Constitution. So, it should be up to each state to decide what it wants to do. This is also applicable to many other issues over the years where SCOTUS has butted in where it shouldn’t have.

So, how many generations are we going to just stick our heads in the sand and pretend the Tenth Amendment doesn’t exist? Are we ever going to repeal it, or just continue to disregard it or perhaps pretend it isn’t there? Are we keeping it just for nostaligc purposes? Are we keeping it so the Bill of Rights is a nice round number of 10 because nine wouldn’t look as good?

My personal opinion is a really don’t give a shit if the gays get married or not. Doesn’t affect me or my life in any way one way or the other. My apathy runs so deep that I am anxiously awaiting the time when this irrelevant and annoying issue finally drops out of the headlines. However, I am very passionate about states’ rights, and I am even more passionate than that about the results of any election being hijacked and overturned. If the people speak and say what they want, about any issue, then those election results should be the final word. If we’re allowed to disregard election results then let’s finally kick Raul Grijalva out of office. I don’t think you should be able to have it both ways.

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