Federal court declines to halt same-sex marriages in Utah
Let’s see now. The people voted, the State appears to be backing them (somewhat). A Federal Judge changes both with her own bias. Prejudice.
Then, another federal appeals court (the 10th Circuit Court of Appeals’) ruled Tuesday that gay marriages can continue in Utah, denying a request from the state to halt same-sex weddings that have been occurring at a rapid rate since last week.
Utah’s last chance to temporarily stop the marriages would be the U.S. Supreme Court.
Judge Robert J. Shelby’s (I thought he was a she, and sounds like one) decision to strike down a law passed by voters in 2004 drew attention given Utah’s long-standing opposition to gay marriage and its position as headquarters for the Mormon church. It made Utah the 18th state where gay couples can wed.
Where is the 10th amendment? Is it another part of our Constitution that has totally been taken from us?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be truism by the Supreme Court. In United States v. Sprague (1931), the Supreme Court asserted that the amendment,
“added nothing to the [Constitution] as originally ratified.”
It appears a though we lost it (the 10th) when the States and the people did not raise hell over the Commerce Clause cases when our Federal criminals began probing ways to subvert the Constitution.
However, when one looks, they will find that the Tenth Amendment is similar to an earlier provision of the Articles of Confederation:
“Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.”
While some wanted to add a similar amendment limiting the federal government to powers “expressly” delegated, which would have denied implied powers, it never took place. In reality, out Tyrannical federal government took advantage of the failure to get this passed at that time, and has since maneuvered its way, via the Commerce Clause (and now other means), to whittle away at the founder’s original intent. Now, with a Progressive, ‘gay friendly’, and political SCOTUS, there is little chance that this will be overturned at the Federal level. Will it take a few acts by the people to get their attention? Probably so. We must correct the errors of the past, and begin by making our voices heard. The State of Utah really needs to declare the 10th and stand by it. Even if they have to call up their State Guard and her people to square off with the Federals. They might be surprised how many people and other States will come to their aid.
In the meanwhile, is Shelby gay? I think he (she) must be. Even if he did serve before the days of DADT. Watch him on U-tube sometime, and decide for yourself.