It’s Time for States to Stand for Nullification and Against Renegade Federal Judges
Every state that has voted on same-sex marriage has voted to outlaw it. Even California votes outlawed same-sex marriage. A single unelected judge overruled the outcome of Proposition 8. A few weeks ago an unelected Federal judge ruled that Utah’s anti-same-sex law that had been voted on by the people of the state was unconstitutional. The same has happened in Oklahoma:
“A federal judge appointed by then-President Bill Clinton has struck down Oklahoma’s same-sex ‘marriage’ ban as unconstitutional.
“U. S. District Judge Terence Kern issued the ruling on Tuesday, but placed a stay on its enforcement pending appeal.
“‘The Court holds that Oklahoma’s constitutional amendment limiting marriage to opposite-sex couples violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution,’ he wrote. ‘Equal protection is at the very heart of our legal system and central to our consent to be governed. It is not a scarce commodity to be meted out begrudgingly or in short portions.’”
The Fourteenth Amendment was added to the Constitution in 1868 and did not have anything to do with same-sex marriage. If those who framed the Amendment and the states that voted for its ratification had known that it was going to be used to promote same-sex marriage, it would have been voted down by all the states and would have been reworded and resubmitted to the states to give it its proper intent. I won’t even get into the duplicitous way the Amendment was passed.
It seems that every new law that’s being imposed on us is built on the Fourteenth Amendment, the most litigated part of of the Constitution. It’s a legal wax nose easily shaped to fit every liberal cause.
Any group, real, imagined, or manufactured can appeal to the Fourteenth Amendment for the creation of a new set of rights.
These renegade judges are making laws out of thin air. There is no moral basis for their decision making. Moral absolutes were given up long ago when evolution was adopted as America’s National Religion and “Anything Goes” was chosen as the nation’s national anthem.
How is it rationally possible to think that same-sex couples, when compared to heterosexual couples that were designed to procreate, are in the same definitional category?
But it doesn’t matter anymore because the states are no longer states. It’s no longer “the United States are” but “the United States is,” and they’re being dictated to by an imperial judiciary.
It’s time that states band together and say no to the imperial courts that are making the states wards of the Federal government and nullifying the voting rights of the people. “Oklahoma’s constitutional marriage amendment was approved by 76 percent of voters during the November 2004 election.” For one unelected judge to call this vote into question is a violation of the Voting Rights Act. Nullifying the votes of millions by the dubious judicial logic of one man is judicial tyranny.
States need to exercise their sovereignty and nullify the decisions of these unelected Federal judges who are legislating in terms of their own personal belief system. Their actions are immoral and unconstitutional.
The doctrine of judicial and legislative interdiction — nullification — is how our nation was established. The colonies, operating as civil governments with their own constitutions and elected leaders stood between the tyranny of King George III and the people.
Thomas E. Woods, Jr. writes:
“Federalist supporters of the Constitution at the Virginia ratifying convention of 1788 assured Virginians that they would be ‘exonerated’ should the federal government attempt to impose ‘any supplementary condition’ upon them — in other words, if it tried to exercise a power over and above the ones the states had delegated to it. Patrick Henry and later Jefferson himself elaborated on these safeguards that Virginians had been assured of at their ratifying convention.”
What about the Supremacy Clause? Woods writes: “The Supremacy Clause applies to constitutional laws, not unconstitutional ones. For a full reply to this objection, see Professor Brion McClanahan.”
Let’s put pressure on our elected state officials to get them to start earning their pay and abiding by their oath of office.