Obergfell needs to fall...There's no federal jurisdiction to rule on State statutory marriages.
The fact is, Obergefell v. Hodges has a number of glaring faults which renders the opinion as being fatally flawed requiring its reversal.
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Lack of Constitutional Basis: the ruling is based upon irrelevant platitudes, historical notations and the majority’s personal predilections, rather than the debates of the 39th Congress which actually framed the Fourteenth Amendment to accomplish specific and limited objectives, which the majority opinion falsely asserts have been violated, while the supposed right to same-sex marriage has no clear basis in the text of the Constitution or its legislative intent.
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Contradicts History and Tradition: The majority opinion ignores centuries of history that defined marriage as a union between a man and a woman, while it conversely relies upon centuries of history to establish marriage is a fundamental right, thereby contradicting its own method used to arrive at its conclusion. Additionally, the majority opinion is in conflict with
Dobbs v. Jackson Women’s Health Organization, which established a
"history and tradition" test, stating that any right not explicitly mentioned in the Constitution must be deeply rooted in the nation's history and tradition to be protected under the Due Process Clause.
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Judicial Overreach and assuming a legislative function: The majority overstepped its judicial role and wrongfully assumed a legislative function by deciding and mandating a major social issue. In essence, the majority set itself up as members of an unelected, omnipotent, constitutional convention, and substituted its member’s personal feelings and predilections as being within the terms and conditions under which the Fourteenth Amendment was agreed to, while Article V is the only lawful way to alter our Constitution, and that requires consent of the States and people therein as outlined therein.
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Disregards reserved powers of States and people therein: The majority’s opinion blatantly rendered meaningless and subverted the Tenth Amendment's powers reserved to the States and people therein 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."
What is the remedy? Our Supreme Court, to maintain its legitimacy, must rehear
Obergefell, reverse the majority’s opinion and return the subject matter of marriage to the States where it properly belongs by the terms of our Constitution.
Keep in mind that prior to
Obergefell, same-sex marriage was legal in 36 states plus Washington D.C. It’s time for our Supreme Court to correct the subjugation of our system of law found in, and wrongfully imposed by
Obergefell.
