Jeff McClure on the Supreme Court’s Hearing Concerning Same-Sex Marriage

Mr. McClure's remarks are in response to the Lynn Woolley Logic Minute posted March 27:

If I may be so bold as to offer a counterpoint:

The arguments before the Supreme Court are not so much about gay marriage as they are about the division between state's rights and federal authority. The California courts have ruled that Proposition 8, which bans gay marriage, is unconstitutional in the State of California. The State of California elected to not challenge that ruling. A group of California citizens has taken up the fight and has appealed the State Supreme Court ruling as well as the decision by the legislature and the governor to not challenge the ruling in the Federal Court System.

Historically, the definition of marriage has been an exclusive state's right, and the federal government has simply recognized state law when a question of tax or benefits rights was raised. Even when states declared marriage between two persons of different races to be invalid, the federal government acquiesced. Some states allowed marriages between second cousins and others did not. Some states allowed marriage as early as 14 years of age. In all of those cases the federal government simply recognized any marriage that was legally entered into according to state law.

The citizens group that is now arguing before the Supreme Court of the United States is demanding two very significant things, neither of which have anything to do with sex. First, they are demanding that the Supreme Court intervene in what has become the law in the State of California, not to protect anyone's rights, but to define what has traditionally been a state-only issue. Secondly, they are demanding that the Supreme Court acknowledge that any group of citizens has legal standing to represent their state in an argument before the Supreme Court. If the Supreme Court goes along with those arguments, the ban on gay marriage will be at most a footnote. What will be historic is the ruling by the Supreme Court of the United States that state governments are irrelevant and any state decision can be set aside by any group of citizens that happens to disagree.

Let us pray that does not happen.
Jeff McClure is the co-host of "The Personal Wealth Coach with Jeff and Jake McClure", airing Saturdays from 10 AM to Noon on KTEM 1400. McClure is a good friend of Woolley's; the pair share a mutual admiration and respect for one another's opinions.