Bill passes with Republican support: It passed the Senate 61 to 36 in November with a dozen Republicans in support. On Thursday, dozens of Republican House members voted in support of the bill.
Once again, our spineless Republican Congress critters ignore our Constitution’s Tenth Amendment and its protection of federalism, our big tent system, and they agree to take a ■■■■ on our Constitution.
Keep in mind the succinct description of federalism as found in Federalist Paper No. 45
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
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.___ Tenth Amendment
Individual States do NOT have to legalize same sex marriage under this act. No violation of federalism.
Individual States DO have to recognize same sex marriages conducted in other States. Fully consistent with Section 1 of Article IV requiring States give full faith and credit to the acts of other States.
Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
And churches and non-profits that don’t wish to conduct or recognize gay marriage do not have to do so.
There is no provision in our Federal Constitution requiring one state to practice and enforce the conditions of another State’s licenses. As a matter of fact, the Tenth Amendment guarantees each state the authority to set its own conditions for the issuances and enforcement of licenses ___ the only exception being, that no state may issue a license which makes a distinction based upon race, color or previous condition of slavery.
What makes a Supreme Court opinion legitimate is when it is in harmony with the text of our Constitution and its documented legislative intent which gives context to its text.