The issue is not gay marriage. The issue is the rule of law; that we are a government of laws, not of individuals.
The foundation of our country and of each state is popular sovereignty. The people of CA recently voted overwhelmingly to accept only the traditional meaning of “marriage.” That is their right, and only their right.
It matters not that the subject is gay marriage. What matters is that the people have spoken.
As in California Propositions 187, 209 and a dozen others over the years, one or a few members of a Court, far fewer than the people passing the initiative or referendum or than the majority of representatives of the people sitting in the legislative branch, have decided that their wish somehow supersedes the will of the people, democratically expressed in free and fair elections.
And we, the people, let them get away with it. Why?
At what point do we the people realize that the courts have usurped our fundamental right of self-government? At what point do we the people realize that when it loses an election, when it loses in the world of ideas, when the majority of the people reject their values, the Left litigates – and wins?
The idea that the Left cares a whit about democracy, the rule of law or the rights of the people is sheer fantasy. The Left is totalitarian in thought (speech codes, hate crimes), deeds (illegal marriages) and action (trampling the freely-expressed will of the people by litigating every loss).
The people’s will? Who cares?
Unfortunate though the current subject is (why anyone cares if two adult men or women are “married” to each other is unknown, and those protesting with the Bible as their authority ignore the passages about stoning adulterers, owning slaves and a thousand other breaches of what today is regarded as civilization and polite company), the issue is that it is tyrannical to take the law into one’s hands again and again and again, using a single member or a few members of the judiciary to overrule literally millions or tens of millions of the people. There is no other word for it.
The people of the United States of America run this country, not the judges. The people overwhelmingly abhor the stands of the Far Left. The Culture War exists in large part because of an overweening judiciary intent on codifying the ideas of the Left that have lost when submitted to the people.
We don’t need an Amendment; a Constitutional remedy exists.
The United States Constitution, Article 3, Section 2, provides that the body representing the people – Congress – establishes the jurisdiction of the Federal Court system. It is as easy as that. Marubry v Madison is not an excuse; in many areas legislators have removed jurisdiction from the Federal Judiciary. Sen. Daschle used this power to remove brush clearance from federal jurisdiction, for goodness sake!
In the instance of gay marriage, which the overwhelming majority of the people disapprove, all that has to be done is to pass legislation removing the federal DOMA from the jurisdiction of the Federal Courts, pass legislation removing gay marriage from Full Faith and Credit, and remove FF&C as it pertains to gay marriage from the jurisdiction of the Federal Courts, and put the matter back into the hands of the States where it Constitutionally belongs.
The people of the states then could decide what they want to do about it — with the knowledge that the courts couldn’t contravene their authority.
If the people of California wanted to pass a law making illegal gay marriage, with penalties for breaking this law, it would be up to the people of California. If the people of California wanted to have gay marriage, the people in South Dakota wouldn’t have to recognize those marriages if they didn’t want to.
And the courts couldn’t overturn these laws – the people will have spoken and the people will be obeyed.
Not a judge, not the federal government telling the people of the states what they can and can’t do in marriage (in itself a violation of the 10th Amendment as the word “marriage” does not exist in the Constitution).
Popular sovereignty. The foundation of our country. All we need is a Congress willing to read and enforce the Constitution of the people of the United States of America.
Not that hard to do, one would think. It’s their job after all, their only job – representing we the people.