Legislating 'Morality'; Another Federal Judge Ignores the 10th Amendment to Redefine Marriage

The Washington Times (Washington, DC), February 17, 2014 | Go to article overview

Legislating 'Morality'; Another Federal Judge Ignores the 10th Amendment to Redefine Marriage


Byline: THE WASHINGTON TIMES

Not so long ago the Constitution got respect. But now, not so much. President Obama is on his way to repealing the separation of powers, and the 10th Amendment is on life-support, ignored by federal judges who know better than the legislatures of Utah, Oklahoma, Kentucky and Virginia.

Mischief-makers in black robes insist on redefining marriage to suit their peculiar fancy.

U.S. District Court Judge Judge Arenda L. Wright Allen last week nullified an amendment to their state constitution as ratified by Virginia voters. "Tradition is revered in the Commonwealth, and often rightly so," wrote Judge Wright Allen, "However, tradition alone cannot justify denying same-sex couples the right to marry, any more than it could justify Virginia's ban on interracial marriage."

That's a reference to a 1967 case, Loving v. Virginia, in which the U.S. Supreme Court struck down state anti-miscegenation laws. It's a particularly false analogy since the plaintiffs in the case, Richard and Mildred Loving, were a man and a woman whose union didn't challenge marriage itself.

The ruling by Judge Wright Allen, appointed to the court by President Obama, proves again that elections have consequences. The Founding Fathers insisted on the 10th Amendment as a firewall to protect the states from the federal leviathan, as the Founders suspected it would one day attempt to trample on the prerogatives of the states.

The 14th Amendment's Equal Protection Clause, cited by the judge as the basis of her ruling, was never meant to invalidate the 10th Amendment decree that powers the Constitution does not assign to the federal government "are reserved to the States respectively, or to the people. …

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