No person living today should have been surprised when the Supreme Court ruled in favor of same-sex marriage in Obergefell v. Hodges. At least five of the justices regularly ignore the Constitution and legislate from the bench. In fact, with the current composition of the Court the decision on SSM was a foregone conclusion the minute the case was granted certiorari. Many Americans are upset and even angry about the Court’s decision, but what is even more disappointing than the actual decision is the fact that the Justices agreed to hear the case in the first place. They never should have, and did only to press the personal agendas of five of them.
The Court’s decision did not define marriage, it re-defined marriage. This is a key point. The Supreme Court was not asked to define marriage in Obergefell v. Hodges, it was asked to re-define it. In doing so, the Justices violated the Constitution in three ways. Specifically, the five Justices whose opinions prevailed violated: 1) the moral law upon which the Constitution is based, 2) the concept of federalism set forth in the Constitution, and 3) the requirement in the Constitution that every state be guaranteed a Republican form of government. In addition to these violations of the Constitution, the Supreme Court also violated the long-honored tradition in the law of basing new decisions on legal precedents. The concept is known in the language of legal scholars as Stare Decisis. (Let stand what has been decided).
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