Sunday, December 27, 2015

It’s Against The Constitution!

How many times have you heard the Republicans say that about marriage equality? All the Republicans presidential candidates have come out against marriage equality and most of them say that it should be a state’s rights to determine who they want to marry. Ballotpedia has the candidates positions on marriage equality.

Jeb Bush:
On June 26, 2015, Jeb Bush released a statement asserting that the legality of same-sex marriage should have been decided by the states rather than the Supreme Court in Obergefell v. Hodges. The statement read: "Guided by my faith, I believe in traditional marriage. I believe the Supreme Court should have allowed the states to make this decision. I also believe that we should love our neighbor and respect others, including those making lifetime commitments. In a country as diverse as ours, good people who have opposing views should be able to live side by side. It is now crucial that as a country we protect religious freedom and the right of conscience and also not discriminate."

Chris Christie:
On June 26, 2015, Chris Christie stated he approved of Chief Justice John Roberts' dissent in Obergefell v. Hodges and believed that marriage equality "is something that shouldn't be decided by a group of lawyers, but should be decided by the people." Christie added, "That being said, those five lawyers get to impose it under our system and so our job is going to be to support the law of the land. And that under the Supreme Court's ruling is now the law of the land, but I don’t agree with the way it's been done. But I take an oath and the same way I've supported and enforced the law here in New Jersey since our Supreme Court made their 7-0 decision on same-sex marriage and I've supported and endorsed that law, I would have to do the same across the country. But I want to be clear, I don’t agree with the way it was done. But it's been done and those of us who take an oath have a responsibility to abide by that oath."

Ted Cruz:
At the “Rally for Religious Liberty” at Bob Jones University on November 14, 2015, Cruz said the issue of same-sex marriage was “not settled” legally. He said, “It’s not the law of the land. It’s not the Constitution. It’s not legitimate, and we will stand and fight.” Under the Tenth Amendment, Cruz believes the definition of marriage should instead be “left to the states and left to the people.”

Rand Paul:
The Supreme Court ruled that same-sex marriage bans are unconstitutional on June 26, 2015. Following the decision, Paul wrote in a Time op-ed, "While I disagree with Supreme Court’s redefinition of marriage, I believe that all Americans have the right to contract." He also questioned whether government has a place in regulating marriage. "Perhaps it is time to be more careful what we ask government to do, and where we allow it to become part of our lives."

Marco Rubio:
On December 13, 2015, Marco Rubio argued that the Constitution does not give “the federal government the power to regulate marriage.” He said, “I don't believe any case law is settled law. Any future Supreme Court can change it. And ultimately, I will appoint Supreme Court justices that will interpret the Constitution as originally constructed,"

Donald Trump:
On June 26, 2015, following the Obergefell v. Hodges ruling, Trump tweeted, "Once again the Bush appointed Supreme Court Justice John Roberts has let us down. Jeb pushed him hard! Remember!"

So what did Obergefell v. Hodges ruling say?
The right of same-sex couples to marry that is part of the liberty promised by the Fourteenth Amendment is derived, too, from that Amendment’s guarantee of the equal protection of the laws. The Due Process Clause and the Equal Protection Clause are connected in a profound way, though they set forth independent principles. Rights implicit in liberty and rights secured by equal protection may rest on different precepts and are not always coextensive, yet in some instances each may be instructive as to the meaning and reach of the other. In any particular case one Clause may be thought to capture the essence of the right in a more accurate and comprehensive way, even as the two Clauses may converge in the identification and definition of the right. See M. L. B., 519 U. S., at 120–121; id., at 128–129 (KENNEDY, J., concurring in judgment); Bearden v. Georgia, 461 U. S. 660, 665 (1983). This interrelation of the two principles furthers our understanding of what freedom is and must become.

I am not a lawyer but it seems quite clear that the Supreme Court found that the Constitution does protect marriage equality with the Fourteenth Amendment.

All of the candidates said that if they are elected they will pack the court with conservatives justices.

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