Gay Marriage and the 10th Amendment

By Raymond Richman

Who should be able to determine whether the Supreme Court acted unconstitutionally? Elected Kentucky county clerk Kim Davis refused to grant a marriage license to homosexuals. She did so on religious grounds but it is not the freedom of religion clause of the First Amendment that justified her refusal but the 10th Amendment which recites: “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.” What the U.S. Supreme Court rules is not the “Law of the Land.”

The Law of the Land is the Constitution of the United States. Relying on a single clause, the due process clause of the 14th Amendment which was designed to protect the rights of former slaves, the majority of the Court consisting of four political appointees and one “independent” made a decision “at odds not only with the Constitution but with the principles upon which our nation was built”, as Justice Thomas wrote in his dissent.

The majority decision held that all the states must give under the due process clause of the 14th Amendment the law of a single state declaring that homosexuals have the right to marry even when thirty states have laws that state that marriage can only be a union of a man and a woman.

Nothing in the Constitution gives the Supreme Court the right to nullify a State’s law that marriage can only take place between a man and a woman. Kim Davis, the county clerk may refuse to marry homosexuals because the Supreme Court unconstitutionally exceeded its constitutional authority………To Read More…..

My Take - This is more evidence there's an ever greater need for a 28th Amendment to the U.S. Constitution.