By allowing the usurpations of lower courts to overrule the states, the Supreme Court homosexual marriage decision imposes an impossible interpretation of the Fourteenth Amendment.
When Courts overrule the overwhelming will of the People we should be afraid. Even if the current decision is one you like, when the Law is Lawless, all it takes is a change in who is sitting in the seat of power to turn the tables once again.
In other words, Ted Cruz is exactly right in his commentary in the Daily Signal: “Cruz: ‘Tragic,’ ‘Indefensible’ That Supreme Court Chose to Not Hear Marriage Cases.”
The Supreme Court’s decision to let rulings by lower court judges stand that redefine marriage is both tragic and indefensible.
By refusing to rule if the states can define marriage, the Supreme Court is abdicating its duty to uphold the Constitution. The fact that the Supreme Court justices, without providing any explanation whatsoever, have permitted lower courts to strike down so many state marriage laws is astonishing.
This is judicial activism at its worst. The Constitution entrusts state legislatures, elected by the people, to define marriage consistent with the values and mores of their citizens. Unelected judges should not be imposing their policy preferences to subvert the considered judgments of democratically elected legislatures.
The Supreme Court is, de facto, applying an extremely broad interpretation to the 14th Amendment without saying a word–an action that is likely to have far-reaching consequences. Because of the Court’s decision today, 11 states will likely now be forced to legalize same-sex marriage: Virginia, Indiana, Wisconsin, Oklahoma, Utah, North Carolina, South Carolina, West Virginia, Kansas, Colorado, and Wyoming. And this action paves the way for laws prohibiting same-sex marriage to be overturned in any state.
Thirty-one states have voted, and they all determined to protect marriage. Every single one of them. It is the height of arrogance and short-sightedness for judges to treat those votes as if they don’t mean anything.
The Rule of Law protects everyone, and when it is abandoned no one is safe.