Supreme Court Declines Review of Same-Sex Marriage

Regardless of what side of the issue one opinion may fall there is a component of the courts decision (to abstain) that is too easily/quickly ignored. While the senior court may stand itself apart from lower court (State/District) decisions endorsing SSM there is a marvelous lesson on Constitutional Law taking place; the first being the issue of “standing” (before the Supreme Court) and then there is the issue of the 10th Amendment (State’s Rights).

Readers of my work know that on anthropological and Constitutional (Federal) terms I have issues with the SSM debate (more on this if one cares to pursue it). I would never deny ones right to the choice (or any choice for that matter) barring that in the expression of ones freedom to choose the liberty of another is not impaired.

Now then, on Constitutional terms there is an issue of “standing”; the U.S. Constitution, by interpretation and by decision, recognizes and affirms the human being on two terms: Sex (male/female) and race and so the question that the Supremes are wanting to avoid, and I suspect the advocates of SSM, relates to this very issue. WHO is the party at interest? Is “same sex” now to be a newly recognized gender, a specific race or an entirely new class of human?

Now on to my favorite: It may very well be that because of the first issue that the court has, de facto, made a decision to side in favor of the 10th Amendment. In my opinion, this is the only remaining component of the U.S. Constitution accommodating the most immediate form of true representative democracy.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 

The SSM issue is, like so many others, precisely the type of authority never intended to be vested in the Federal Government and which, in fact, should be left “…to the people” themselves.

Curtis C. Greco, Founder

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