The Supreme Court Quietly Gave In To Gay Marriage:

[Originalist]

Originally Posted by Aquila

Marriage as always regarded as a natural right or common right. It's not Constitutional, you're correct.

Constitutionally the Federal Courts are not even allowed to consider this issue.

What Are the Enumerated Powers of the Federal Courts?

1. “Judicial Power” refers to a court’s power to hear and decide cases. Art. III, Sec. 2, cl. 1 enumerates the cases which federal courts are permitted to hear. They may hear only cases:

a) Arising under the Constitution, or the Laws of the United States, or Treaties made under the Authority of the United States [“federal question” jurisdiction];

b) Affecting Ambassadors, other public Ministers & Consuls; cases of admiralty & maritime Jurisdiction; or cases in which the U.S. is a Party [“status of parties” jurisdiction];

c) Between several States; between a State & Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States;2 or between a State (or its Citizens) & foreign States, Citizens or Subjects 3 [“diversity” jurisdiction].

These are the ONLY cases federal courts have permission to hear! Alexander Hamilton says in Federalist No. 83 (8th para):

…the judicial authority of the federal judicatures is declared by the Constitution to comprehend certain cases particularly specified. The expression of those cases marks the precise limits beyond which the federal courts cannot extend their jurisdiction, because the objects of their cognizance being enumerated, the specification would be nugatory if it did not exclude all ideas of more extensive authority.