The issue of marriage came up as a side issue in an editorial published by a Texas newspaper. I feel the need to set the record straight about what rights the federal government has in determining marriage.
The Amarillo Globe-News said this, among other things, in discussing states’ rights on sports betting and a recent Supreme Court ruling on that subject: The federal government has no right to define marriage in any way, shape or form. Yet the U.S. Supreme Court sees fit to define marriage for the entire nation. Again – no state’s rights here.
The AGN is seeking to ascertain where states’ rights are relevant and where federal authority supersedes them.
Read the editorial here.
Back to the point: The Supreme Court ruled in 2015 that the U.S. Constitution — the document that governs the entire nation — has a clause that requires all citizens to have “equal protection under the law.” That was the basis of its ruling that legalized same-sex marriage in all 50 our states.
This isn’t a deeply held secret ruling concocted in some star chamber by a majority of the Supreme Court justices. The law is clear. Marriage becomes a federal issue if someone chooses to seek a legal remedy that they believe violates one of the key provisions of the Constitution.
Equal protection is such a key provision. Thus, when a segment of our population is denied the right to marry whoever they love, then the federal judiciary has an obligation to set the record straight.
States have no right, therefore, under the federal Constitution, to deny any American their guarantee of equal protection under the law.
Are we clear now? Good!