Almost everyone is saying that same-sex marriage is the law of the land. People are so ignorant. The Supreme Court’s opinion (5-4) that same-sex couples nationwide should have the ability to marry is not law. Only legislative bodies or the people themselves (initiatives or referenda) can make law.
Our founders gave us three branches of government with checks and balances. For more than a century the judiciary branch has not been checked. They and the public have come to think that they can make law. Jefferson (Marbury v Madison), Jackson (the Cherokee Nation v Georgia) and Lincoln (the Dred Scott decision) ignored the courts’ decisions. Others in the executive branch, like Kim Davis in Kentucky, have the same constitutional right, but in her case her right is trampled on because of the false perception of the court’s power.
If the governors of states with laws banning same-sex marriage knew the Constitution and had the intestinal fortitude to follow it, they would say, “I don’t care what the court’s opinion is. Our people voted for heterosexual marriage, and we will enforce that law.”
Allen Marsh, Nampa