Tuesday, December 8, 2015

Another intellectually challenged state legislator tries to invalidate Obergefell

Republican Michigan state Representative Tom Hooker has introduced a resolution calling for state officials to ignore the U.S. Supreme Court. Hooker's Resolution 17 states that the Obergefell v Hodges decision is “illegitimate,” and the resolution “urges the Governor and all executive officers” to “reclaim this state's sovereignty” by not recognizing or enforcing it. Apparently it is “illegitimate” because Rep. Hooker doesn't like it.

According to the unfortunately named Mr. Hooker, the Supreme Court overstepped its constitutional limits in “imposing same-sex marriage upon the country.” Hooker has described the high court's ruling as a decision of will, not judgment. Apparently Mr. Hooker is also a mind reader.

Hooker's resolution seeks to affirm that marriage – because the Constitution is silent on the issue – is a matter left to the states, under the Tenth Amendment. The Supreme Court held thaat gay citizens have a constitutional right to marry.

Hooker's argument is nothing new. We have seen this movie before. Cooper v. Aaron addresses the same idiotic argument made after Brown v. Board of Education desegregated schools. The Court ruled that the states are bound by the decisions of the Supreme Court and cannot choose to ignore rulings that they do not like. The Court ruled that Brown was the law of the land because the Supremacy Clause of Article VI made the US Constitution the supreme law of the land and Marbury v. Madison made the Supreme Court the final interpreter of the Constitution. Therefore, the Court has found a repository for Tenth Amendment challenges — where the sun does not shine.

As I post this piece I am contacting Mr. Hooker by email for comment, if any. This guy was a school teacher for a number of years. He had a captive audience if he chose to indulge in indoctrination.

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