paddymurphy
Gold Member
- Jun 9, 2015
- 4,020
- 632
They did not "create a law". They struck from the law those provisions that limited marriage to one man and one women. Are you suggesting that no one that has gotten married in any of the states where Obergefell invalidated the gay marriage ban is actually married? Are you under the false impression that when the Supreme Court invalidates part of a law, the entire law ceases to exist? Just another thing you got wrong.So again...what law was created by the Supreme Court? Either give its statute # or its text.They are not limited to "interpreting"law. Once again, your abject ignorance of the constitution rears its ugly head. They are empowered to determine if any law passed violates a provision of the Constitution. If that laws does, the Supreme Court is obligated to strike it.The role and authority of the Supreme Court is enshrined in our Constitution. If the people of the U.S. believed that branch of government was acting in a manner not in accordance with the Constitution, the people could rectify that. We never have because most believe the Supreme Court functions within the guidelines of the Constitution. The Supreme Court acted within its jurisdiction on Obergefell.
The Court is making law, not interpreting it. The proper decision would have been to allow the states to issue marriage licenses as they see fit, but force states to recognize all licenses issued by other States.
All your side has is appeal to authority.
Yes, they are. Only the legislature can create law. Your side seems to think the other branches can do it if it fits your agenda.
Marriage was always seen as between a man and a woman, the laws were only changed when people tried to register other types, with no historical precedence.
They created law without name or text, and that's the point.