SCOTUS Overreach, Marriage, Prop 8, States and the SoCons

Huckabee (among others) is out there bloviating about God’s law with the demise of Prop8 and DOMA. People need to grasp why this is a problem.

SCOTUS’ ruling on Prop8 is not a denial of marriage in the church or before God, nor is it a rewriting of thousands of years of human history.  The religious or cultural or traditional accepted definition of “marriage” is not the issue before government; it’s the issue before God. Pairing of men & women for the purpose of procreation is God’s work. “Marriage” for the purposes of society is the State’s work. Certain benefits are given by the State to married couples; this has zippola to do with God.

Rather than getting lost in irrelevancies – trying to define the State with God or vice-versa – I’d point out two things, the first being Luke 20:25: “Render therefore unto Caesar the things which be Caesar’s, and unto God the things which be God’s.” Regulating licensing of people for marriage in order to accrue to them certain benefits created by the State is NOT God’s work; it is Caesar’s.

The second and more important and long-term issue here – THE ISSUE FOR THE REPUBLIC – is that the federal government has zero authority to regulate marriage.

“Marriage” (like homosexuality), and regulation thereof, is NOT among the enumerated powers. Because it is not, it belongs SOLELY to the States, per the 10th Amendment. SCOTUS has zero jurisdiction to deal with it, and the States have no responsibility to follow a ruling from a Federal Court lacking jurisdiction on the issue. (And don’t go all FF&C on me, either; there are other issues in which SCOTUS has overruled Full Faith & Credit. Here and here are just two.)

It is the States – and ONLY the States – that have a Constitutional role in defining the legal concept of “marriage.”

The problem that NO ONE SEEMS TO BE ADDRESSING IN THE PROP8 BROUHAHA is that SCOTUS did NOT rule on Prop8 – they illegitimately, and illegally, OVERRULED a CA law stating that, if the State of CA decides not to defend a citizen proposition, then the citizen group who led that proposition has the same standing in litigation of that proposition as would the State had it decided to defend it.They have no jurisdiction to do THAT, either.

THAT is the issue – total, illegal SCOTUS overreach, denial of and overthrow of State law over which the Federal Court has ZERO jurisdiction.

If I were a SoCon legitimately interested in the growing power of the State, and its interposition between the People and OUR government, traditions, mores and culture, I’d be out there talking about the illegality of SCOTUS’ denial of standing rather than yammering about something irrelevant to laws in a Republic.

America is not a theocracy, though Huckabee, Ralph Reed and their ilk have been trying for years to make it one. America is a Republic – and because of SoCons addressing the issues from an irrelevant and illegitimate standpoint under the Rule of Law, we are in danger of losing  it.

About Alex Scipio

About Alex Scipio: Alex moved out of the People's Republic of California to the Free State of Arizona, finally tiring of the lack of the Bill of Rights, the overgrown idiocracy, and the catering to non-Americans & welfare recipients. He still wonders how America got from Truman, Eisenhower, and Daniel Patrick Moynihan to the Liberal and Conservative extremes so badly managing America today. And, yes, islam DOES need to be annihilated. And doing what he can to get folks away from the extremes of political life.
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10 Responses to SCOTUS Overreach, Marriage, Prop 8, States and the SoCons

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