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Originally Posted by Fionn mac Cumh
So you think the States have a right to discriminate? Or are worried more about the states passing laws and the feds overturning them?
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Since there is nothing in the Constitution that prohibits the states from defining marriage, or that gives the federal Government the power to define it tothe States, then it is a right left up to the States.
The 14th Amendment has nothing to do with marriage.
It is only in very recent history that a State defining marriage as being between a man and a woman would have been classified as "discrimination". That is ridiculous and sooner or later the States are going to smack down these judges.
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):
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…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.
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