Sunday, June 28, 2015

Same Sex Marriage

Following the Supreme Court ruling last week, it is instructive to see how Same-Sex marriage became legal across the United States.  Much noise has been made recently that a majority of Americans support same sex marriage and those polls may be right, but the simple fact is that same-sex marriage is largely a product of the courts.  Lets look at how that came about. The basic information came from this website.

First, the states where same sex marriage was ordered from the Courts:
Alabama Feb 9, 2015 US District Court
Alaska January 2015, US District Court
Arizona October 17, 2014 US District Court.
California August 4, 2010 US District Court
Colorado October 7, 2014 US District Court
Connecticut November 12, 2008 State District Court
Florida January 6, 2015 US District Court
Idaho October 15, 2014 US District Court
Indiana June 26, 2015 US District Court
Iowa April 27, 2009 Iowa Supreme Court
Kansas November 12, 2014 Various state and US Courts.
Massachusetts, May 17, 2004, Massachusetts Supreme Court
Montana November 19, 2014 US District Court
Nevada October 9, 2014 US District Court
New Jersey October 21, 2013 State Supreme Court
New Mexico December 19, 2013 State Supreme Court
North Carolina, October 10, 2014, US District Court
Oklahoma October 6, 2014 US District Court
Oregon May 19, 2014 US District Court
Pennsylvania May 20, 2014 US District Court
South Carolina, November 20, 2014, US District Court
Virginia October 6, 2014 US District Court
West Virginia November 7, 2014 US District Court
Wisconsin October 6, 2014 US District Court
Wyoming October 17, 2014 US District Court

That is, by my count, 38 states where same sex marriage was recognized by the Courts.  There can be no claim that the residents of those states consented to the process, or that it was democratic in nature.

Let's turn to that extensive list of states where the voters actually voted to extend the right of marriage to same sex couples.

Maine (Dec. 29, 2012), 
Maryland (Jan. 1, 2013), 
Washington (Dec. 9, 2012) 

That didn't take long.  Just exactly three states chose through popular referendum to allow same sex marriage.  That's democracy.

Now, that exhaustive list of states where the state legislature voted to allow same sex marriage:

Delaware (July 1, 2013), 
Hawaii (Dec. 2, 2013), 
Illinois (June 1, 2014), 
Minnesota (Aug. 1, 2013), 
New Hampshire (Jan. 1, 2010), 
New York (July 24, 2011), 
Rhode Island (Aug. 1, 2013), 
Vermont (Sep. 1, 2009)

By my count that's eight states where the legislature acted.  That's democracy.

Next, the list of states that as of last Thursday, still banned same sex marriage by either constitutional amendment or legislation.  (This is democracy too)

Arkansas (2004, 1997), 
Georgia (2004, 1996), 
Kentucky (2004, 1998), 
Louisiana (2004, 1999), 
Michigan (2004, 1996), 
Mississippi (2004, 1997), 
Missouri (2004, 1996), 
Nebraska (2000)
North Dakota (2004, 1997), 
Ohio (2004, 2004), 
South Dakota (2006, 1996), 
Tennessee (2006, 1996), 
Texas (2005, 1997)

So, by actual count, we can see that of our 50 states, only eleven of them legalized same sex marriage through the democratic process.  The other 39 of them were ordered by the Courts to recognize same sex marriage, often in violation of the wishes of the people.  That's not democracy.

Same-sex marriage is largely an invention of the federal courts.  It was democratically advanced in eleven states, and imposed on the other thirty-nine by the federal court system.  That's not democracy.  Any attempt to paint it as democracy is a damned lie.

That being said, it is the law of the land, (even if it is imposed on us against our wishes).  I will comply with the law of the land.  I will also offer to my gay brethren the same dignity that I've always offered.  T hey are welcome in my home, and in my place of worship, and I hope and pray that they find fulfillment in their journey.  As Thomas Jefferson famously said, It does me no injury.  They're neither picking my pocket nor breaking my leg.

My issue is not against gay marriage, my issue is with the way it was imposed.

Let Freedom Ring.


6ShotsOr5? said...

Some might say i'm nitpicking, but the eight states where the legislature voted to allow same sex marriage is an example of Republicanism, not Democracy. The same can be said of the states where the legislature voted not to allow same sex marriage. Republicanism is what you have when you elect legislators to represent you, and they vote on the laws.
I completely agree with PawPaw about the misuse of our due process - that's the big issue here. In my view, the Supreme Court didn't even have the right to address this issue. The constitution says that all powers not specifically granted to the federal government are reserved to the states. Can someone show me where the U.S. constitution grants the federal government authority on this issue? It appears a majority of the present justices are more interested in their personal views than in preserving and defending the constitution. They should have refused the case. Disgusting.

Anonymous said...

A possible solution(other than simply defying SCOTUS)is to simply do away with all STATE marriage licenses. The pastor/priest/rabbi/imnm.judge/JP.etc isses a certificate of marriage separately, at least in Louisiana, after conclusion of ceremony.

LibertyNews said...

We are not, nor should we be, a democracy. Your data is the exact reason why we are a Constitutional Republic, with laws protecting the minority from the whims of the majority. It's too bad that it takes the court to enforce doing what is right, but sometimes it is necessary. Now, if we can only get them to use the same logic to recognize that *all* state licenses should be honored by all the states.

Anonymous said...

Careful what you wish for. Lots of states would take away all meaningful gun rites via legislative action, sum would do it via the ballot box. It's the courts interpretation of the constitution that stops them. Either the court can or cannot force a state to do thinks against its people's wishes.