Breaking: Same-Sex Marriage Is a Constitutional Right as of 10 AM



The left in the court led by Justice Kennedy said all same-sex couples can marry in all 50 states and the Constitution gives them that right. It’s the highest liberty under the Constitution.

While the majority of the Justices found that it is the right of anyone to marry as of 10 AM, Justice Scalia and the minority court said they unconstitutionally rewrote the law at 10 AM.

Chief Justice Roberts said the opposite of what he said yesterday in the Obamacare decision when he found that the word “states” means any government. He wrote in his opinion today that it was inappropriate for the federal government to intervene in a decision regulated by the states.

He also wrote, “We are not to decide the law, only interpret it”. But this is what he was accused of doing only yesterday,  Judge Napolitano pointed out.

He said today that the states regulate marriage and the court has no right to make this decision.

The First Amendment and the Fourteenth Amendment give the right to marry to gays according to the ruling. The right to choose a mate is a fundamental right and when the government offers any benefit, it must offer the same benefit to the gay couples.

It requires gay marriages to be performed.

While Justice Kennedy said religious freedom will be protected, only when some of these cases reach the Supreme Court will we find out how far this goes.

Justice Scalia’s condemnation of this decision was the harshest he has ever delivered, much stronger than yesterday’s which had been the harshest. He said the decision of the court is “as pretentious as its content is egotistic” and he said they engaged in a “judicial putsch”.

Judge Napolitano said that  Scalia is basically saying that five unelected black-robed judges have taken over the government, have written the institution that is 4,000 years old, an institution that relies on popular consensus and ancient tradition and there’s no authority in the Constitution whatsoever for them to do so.

He then read a portion of his dissenting opinion.

“Hubris is sometimes defined as overweening pride and pride we know goeth before the fall. The judiciary is the least dangerous of the federal branches because it is neither force nor will, but merely judgement and must ultimately depend on the aid of the Executive arm and the states, even for the efficacy of its judgments. With each decision of ours that takes from the people questions properly left to them, we move one step closer to being reminded of our own impotence.”

The Supreme Court is now very involved in social issues and some believe they are assuming control over states and individuals in doing so.  Scalia believes they made law today and basically obliterated the Constitution.

Justice Kennedy said it will not affect religious organizations but how far this goes is unclear. It might not extend to businesses and will have to be decided by the courts. The decision also applies to only two people and does not condone polygamy for example.

Ric Grennell, a foreign policy expert, is a gay Republican who grew up as an Evangelical and he said this issue has been a political wedge issue for a long time but Republicans have taken the idea that marriage is only a religious term. It is two terms, he said. First, it is a government piece of paper and secondly, it is a religious blessing. He hopes that the LGBT community will come out and say they will respond graciously and not try to affect religious people with whom they disagree. He believes gay marriage should be something Conservatives accept and embrace because of their views concerning freedom.


The possibilities of reactions are endless.

Are we living in a post-Constitutional America?

What is your opinion of this decision?



  1. Today, SCOTUS handed down a decision regarding same sex marriage disturbing on many levels. Not only does it drive yet another knife through the heart of States Rights but, hearing Chief Justice Roberts dessent on same sex marriage and comparing it to his written decision regarding ObamaCare, we can not help but to wonder, is Justice Roberts afflicted with multiple personality disorder? The very legal points which he hanged his hat on yesterday, stands in absolute opposition to his stated opinions today.

    In my mind, there are several questions begged to be asked:

    -Yesterday, as with Roberts’ decision last year, one must wonder what exactly does Obama have on the chief justice? Has he taken to wearing girlie panties and a bustierre under that robe?
    -Does Roberts feel the need to continue punishing Americans for voting Obama into office…twice?
    -IF, as has been suggested, Roberts is operating from the place of feeling his actions are predicated on protecting the integrity of the court, how can he not realize his schizophrenic decisions have brought to even greater question to the wisdom of, “life time appointments.”

    Lindsey Graham, one of the more recent GOP presidential candidates, commented on SCOTUS’ ObamaCare decision yesterday. It was pure slap stick comedy: Was it not Graham who openly acknowledged the last two nominees to the Supreme Court were, without doubt, activist/biased judges? AND YET, he gave them BOTH the thumbs up.

    In my humble opinion, our Founders never dreamed the day would come that activist, biased judges would ever be considered for SCOTUS, much less be seated on the highest court in the land. To them, such folly would be beyond their comprehension, thus they gave them those life long positions to keep politics OUT of the courts. But our Founders, in their infinite wisdom, did give us a way to repair what has now become woefully and dangerously broken.

    If it takes a Convention of States, so be it. The past two days has cemented what, in my mind, has become a series of intolerable attacks on our nation’s freedoms and liberties. We can no longer allow SCOTUS to keep their life long appointments, nor can we continue to suffer under the burden of members of congress in office so long, they develop their own, “God Complexes,” have long ago forgotten what brought them to Washington and, after several election cycles, have sold their souls to special interests, lobbyists, and every other big donor who is due a, or many, favors.

  2. The devil’s demons and human agents can be found strategically located in all the capitals of the world, where they attempt to influence rulers in favor of satanic policies. As the liberals have always proclaimed “that we have a living constitution” so to twist the meanings of words to fit their agenda, even in the highest court in the land suits them just fine. In the era of relativism, there are no absolute truths…

  3. From Robert H. Bork’s book “The Temptation of America”–“Part of any revisionist Court’s style, in addition to the nature of the non-constitutional values enforced, is the rhetoric employed. The court of each era is likely to choose different provisions of the Constitution or different formulations of invented rights as the vehicles for its revisory efforts.”

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