Monday, March 14, 2016

Gary Cass declares victory in Tennessee

Gary Cass
I have an email from Dr. Gary Cass (of the Christian Anti-Defamation Commission) titled “VICTORY: State Stands with Thomas Jefferson Against Unlawful US Supreme Court.” Aside from the fact that Cass does not have a real PhD, a ruling of the Supreme Court of the United State is lawful per se. I'll get to Thomas Jefferson later. This thing continues:
Tennessee continues to fight against same-sex marriage in America after the shocking Supreme Court Obergefell decision this summer, legalizing same-sex marriage throughout the country. Many pro-family advocates have been calling on individual states to enforce their own sovereignty and nullify the unconstitutional decision. Tennessee legislatures are responding to that call.

Sadly, the idea of nullification is foreign to most Americans. Nullification is a Constitutional principle based on the 10th amendment which grants each state sovereignty over all areas not specifically granted to the federal government by the Constitution.
The Tennessee House passed a non-binding resolution that they don't like same-sex marriage. It remains the law of the land — including Tennessee. As for nullification Cass is, well … nuts. Nullification is unlawful and unconstitutional.

Thomas Jefferson did, in fact, refer to nullification in the first draft of the Kentucky Resolutions. However, it was excised from the final draft. The 1799 version affirmed that the resolutions were a “solemn protest” and not an attempt to supersede federal law.

Over 200 years of precedence point to the fact that the Supreme Court is the final arbiter of the Constitution. States are obliged to accept and enforce federal laws that they do not like. There is a mechanism for undoing the ruling in Obergefell v. Hodges and that is a constitutional amendment. If Cass thinks that he can line up 38 states to ratify an amendment to ban same-sex marriage then have at it.

I would love to know how Cass thinks same-sex marriage has harmed him. Other than the fact that he is religiously offended by same-sex marriage, he has never explained why it should be reversed. The strange thing about marriage equality – from its earliest days – is that you would think that opponents are being forced to marry someone of the same sex. They have never offered a coherent consequence — and they never will.

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