Homosexual Marriage: Will a State Stand Up for the Constitution?

What to do when a Supreme Court Ruling violates the Constitution? This question should never have to be asked, because judges swear an oath to perform their duties “under the Constitution and laws of the United States. So help me God.” But what if a judge ignores the Constitution when ruling? Let’s examine this with respect to marriage.

What does the Constitution state on marriage? A word search will confirm that “marriage” does not appear in the constitutional text. Article I lists numerous powers granted to Congress. Defining marriage is not among them. Therefore, logical reading of the Constitution places that power at state level per the 10th Amendment.

Amendment X. 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.