I am sure that many of us are experiencing a range of emotions due to the recent ruling by the Supreme Court making same-sex marriage legal in all states. To be honest, I am struggling to put my thoughts down; trying to leave my feeling aside and respond objectively. It is almost impossible to shed fresh light on this issue, as most of the news commentators have explored it in just about every angle. So, pardon me if I am repetitive.
There are many aspects of this error of jurisprudence that are clearly not within the realm of the Court’s duties and responsibility. The most glaring fallacy is the Justices believe it is their “duty” to create new laws not just interpret the law. The 1st Article of our Constitution gives powers to make laws to the House of Representatives and the Senate; not the Supreme Court! It is ludicrous to say that our Constitution guarantees gay people the “right” to marry.
Do laws defining marriage as the union of one man and one woman violate the “fundamental right to marry?”
The Supreme Court has said that there is a “fundamental right to marry” but only in cases involving opposite-sex marriages, and often by explicitly linking marriage to procreation and child rearing. There can be no “fundamental right” to marry a person of the same-sex, because such a “right” is not “objectively, deeply rooted in this Nation’s history, legal traditions, and practices.”
The Supreme Court, however, is far from all-powerful. Its power is limited by the other two branches of government…The Supreme Court is like a referee on a football field. The Congress, the President, the state police, and other government officials are the players. Some can pass laws, and others can enforce laws. But all exercise power within certain boundaries. These boundaries are set by the Constitution. As the “referee” in the U.S. system of government, it is the Supreme Court’s job to say when government officials step out-of-bounds. Scholatics.com
But no one has the courage to challenge their misuse of their office.