While President Barack Obama said, during his first presidential campaign in 2008, that he thought marriage was strictly between one man and one woman, he now has confidently stated that same-sex marriage is guaranteed under the “equal protection” clause of the Fourteenth Amendment.
This is not Obama’s first change of position on the issue. When campaigning for reelection in 2012, he decided that same-sex marriage was an issue best left to the states.
Now, Obama recently told Jeff Toobin of the New Yorker magazine that the recent decision of the Supreme Court to refuse to hear appeals from circuit courts on the issue was the best decision the Court has made since he took office. After more than one circuit court overturned states’ laws against same-sex marriage as a violation of the “equal protection” clause of the 14th Amendment, the Supreme Court declined to even hear appeals, letting the appellate courts’ decisions stand.
“Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all fifty states,” Obama told the New Yorker.
It is beyond belief that the Congress which passed the 14th Amendment, and the states which voted to ratify it, intended to enshrine the marriage of a man to a man, and a woman to a woman, as a “constitutional right.”
Actually, it appears quite unlikely that the creators of the 14th Amendment intended many of the things modern judges claim were intended. Certainly the Bill of Rights, added to the Constitution in 1791, was designed to protect the states and American citizens from the power of the federal government. One only has to look at the 10th Amendment, which clearly states that all powers not delegated to the federal government are “reserved” to the states and the people. Judicial decisions of recent decades, which use the 14th Amendment, specifically the “equal protection” clause, to increase federal power at the expense of the states, turn the Bill of Rights on its head.
Yet, we have a situation, blessed by the president of the United States, in which federal judges regularly ignore the clear wording of the Constitution, and substitute their own social views for the majority of citizens in several states, using the expression “equal protection” as a way of amending the Constitution, without going through the constitutional amendment procedure.
No one seriously believes the framers of the 14th Amendment intended to outlaw the definition of marriage as between one man and one woman, and then proceed to force the states to accept that definition. While the framers of the Constitution provided for a way to amend the Constitution in Article V of the document, that method is usually not even considered. No, the preference now is to simply ignore the Constitution and the will of the people, and “amend” the Constitution through a misconstruction of the “equal protection” clause of the 14th Amendment. The constitutional method of amending the Constitution has now been replaced by an unconstitutional method of amending the Constitution. (Full story…)