Marriage Equality and the Constitution
With all of the hullabaloo over the Supreme Court addressing same sex marriage, I can’t help but educate both progressives and liberals as to the Constitutionality of this issue. First and foremost, both DOMA (the defense of marriage act) and what the Supreme Court is hearing right now, the marriage equality issue, are both unconstitutional.
Nowhere in the Constitution does it say anything about marriage and whether or not marriage should be between a man and a woman or any combination of the two. As with many other issues, the federal government attempts to tackle an issue such as this that should fall within parameters set forth by the fourth amendment. The fourth amendment ensures the federal government only addresses issues that pertain to the United States Constitution. As a result it should be up to each individual state to decide how to handle same sex marriage.
Another aspect of this issue I fear greatly is if this passes the Supreme Court is the idea that the federal government will then assume they have the power to decide whether or not religious institutions should honor same sex marriage, even if it is against their beliefs. The federal government could leverage religious institutions tax exempt status and threaten to revoke that status if they do not honor this.
This is why we must fight to get this issue and ones like this out of the Supreme Court and back to the individual states as the Constitution intended. If we do not see this issue for what it is, more and more issues like this will be presented before the Supreme Court which will continue to erode away the foundational values this country was built upon.