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Friday, February 14, 2014

Virginia Federal Judge Overturns State Gay Marriage Ban

(Story here). Once again, a federal judge interferes in a matter of family law, which has long been held to be outside the province of the federal courts. Her decision has been mocked because she states that the Constitution provides that all men are created equal, when, in fact, that is a statement only found in the Declaration of Independence.

Like prior opinions granting gay marriage rights, she bases her decision on the 14th Amendment. Section 1 of the Amendment states:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
It bothers me that there is no attempt to base a decision on the wording of the Amendment, but that everything is derived from a string of decisions that, at this point, seem to have little to do with the original text.

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