Wednesday, November 11, 2015

A new Tennessee poll on same-sex marriage - Why?

Middle Tennessee State University (MTSU) engaged – at taxpayers' expense – Issues & Answers Network, which completed 603 telephone surveys among a random sample of registered Tennessee voters aged 18 and over. Not surprisingly, 57% opposed same-sex marriage. I would expect similar sentiments in Alabama and Mississippi.

That is the very reason that the Supreme Court resolved the issue in the first place. The Court determined that gays have a constitutional right to marry. It wouldn't have been necessary if every state respected gay citizens and taxpayers. Constitutional rights are not dependent upon the whims of electorate. They cannot be voted upon.

When the Tennessee legislature re-convenes in January it will be interesting to see if they advance House Bill 1412, the Natural Marriage Defense of Act which seeks to nullify Obergefell v. Hodges. It is identical in theory to state acts that sought to nullify school integration (Brown v. Board of Education). This led to Cooper v. Aaron. The Court held that states were required to enforce Supreme Court decisions regardless of whether the state liked them or not.

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