This is not a debate on gay marriage. This is not a question for you to voice your support/disapproval of gays or gay marriage. This is something different.
Was the decision by the Supreme Court for gay marriage to be legal nationwide illegal and unconstitutional?
Allow me to explain:
The United States Constitution describes and protects many rights, like the Bill of Rights for people. States within the US also have rights reserved for them that the US government cannot impede on, for example, education. Marriage laws are considered a "state right", as in the federal government (executive, judicial, and legislative branches) cannot force or change marriage laws in individual states without first having passed an amendment to the Constitution allowing them to do so.
Here is the problem with the Supreme Court Decision:
The Supreme Court can only interpret laws and determine their constitutionality, they cannot write laws (legislative) nor enforce them (executive). The Supreme Court literally wrote a law, defying the constitution, and enforced the law. There was no amendment. Whether you agree with their decision or not, this is not okay. The US Constitution is the Supreme law of the land; it governs hundreds of millions of people and the world's most powerful nation. You cannot just ignore it or go against it whenever you want. It's already been established the US government has been breaking the law and doing unconstitutional things for many decades, especially trampling on the rights of the US citizens. Why does nobody care about this? Everyone was so busy rejoicing/despising in the decision they forgot to even check if it was allowed (looking at the trees instead of the whole forest). What must it take for citizens to not be okay with the Constitution being violated and their rights swept under the rug?
Please discuss your opinion below. Remember, there are no wrong opinions, and remember this is not about gay marriage itself but the way it was legalized.
Most Helpful Girl
No, it wasn't illegal or unconstitutional. The Supreme Court's decision was to say that it is unconstitutional to deny gay couples the right to marry. That's their job; to interpret the constitution and decide what's legal and illegal. They didn't create a law, and it's not up to them to enforce it, but they did say any laws preventing gay marriage are unconstitutional. So it's illegal in this country to deny gay couples the right to marry.
It's not different from many other cases and issues in the past. Brown v. Board of Education for example, way back. When it was ruled that separate schools for black and white students are unconstitutional. The court didn't create a law saying you must stop segregating schools, but by deeming that practice unconstitutional, states weren't allowed to have those types of segregated schools anymore. Doesn't matter what individual states wanted, it's not in line with our Constitution, which is the supreme law of the land, and so it's out.
I believe they were both decisions made based in part on the 14th amendment, which reads in section 1:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Marriage equality ensures that this amendment is upheld.16
- Show AllShow Less