Quote:
Originally Posted by Originalist
I'm not talking about State GOVERNMENT imposing its will. I'm talking about the people of the republics (states) setting certain standards as they see fit. The SCOTUS was never given authority to redefine marriage. Freedom of the individual is still dependent on how much freedom the States allow unless specifically specified otherwise in the constitution.
|
I believe Scotus has the ability to rule on whether laws are constitutional. I don't believe Scotus has the ability or authority to define marriage in any sense.
As such SCOTUS can rule laws that confer special privleges on heterosexual couples but not homosexual couples are unconstitutional, ie marriage laws that only apply to heterosexuals. (I don't believe SCOTUS should have ruled that but I believe they have that ability.)
However, ruling a law that confers special privleges on heterosexual couples but not homosexual couples as unconstitutional doesn't mean SCOTUS get's to to choose which parts of the offenseive law are nullified as long as the state comes into compliance, which would mean doing away with any laws that lead to privleges for heterosexual couples over homosexual couples.
There are two current ways for a state to come into compliance. They can drop marriage altogether or they can allow homosexual marriages. Basically a state can drop the single line in their laws that defines marriage as between a man and a woman or they can keep that and drop marriage altogether.
With all that said, it really doesn't matter what the government refers to as a valid marriage. What matters is what Christians accept as a valid marriage. If you refuse to accept in speech or writing that gays can be married despite what the state says on the matter then the rest doesn't matter. Just laugh at the foolish state that claims it married two gays when we all know such a feat is impossible since marriage must be between a man and a woman despite what the state says. IMO, this is the clear Christian strategy to dealing with the gay marriage issue. Simply never acknowledge gays as truly married and do so matter of factly by definition.