Post Obergefell and the states

February 27, 2016

“The recent Supreme Court decision plainly goes against our well established constitutional rights and procedures and therefore must be resisted. I strongly encourage you as the representative from my county, to push for a formal legislative resolution declaring in unequivocal terms Idaho’s opposition to the recent Supreme Court decision”

After the summer of 2015 I immediately wrote to my state legislators the following note:

Concerning: Same sex ruling

With the following comments:

Dear Sir, The recent 5-4 Supreme Court decision regarding the status of so called gay marriage to be a constitutional right that is to be recognized and protected under federal and state power is the most outrageous abuse of republican representation we as citizens of Idaho and the United States have ever suffered. Indeed, those living must look back to the American constitutional crises of 1776 to find a similar example of abuse of the sacred right of the people to enjoy representation in matters that directly concern them and their institutions. The founding generation sought a restoration of their rights of representation and privileges as Englishmen that had been carved out over centuries, against a king and parliament who introduced innovations in the accepted constitutional arrangement. These rights had come from experience and were found in the Magna Carta, the Petition of Right, and the English Bill of Rights. In addition, many colonial documents created by them and the Declaration of Independence showed the world that they were to govern themselves and that the executive and legislative authorities had limits in the exercise of their power. British and American history is also awash in references to the limits of judicial authority and as such those limits are our birthright as well. Likewise, the establishment of the US Constitution as law in 1788-9 and the subsequent adoption of the first ten amendments enshrined much of that experience into fundamental law which cannot be changed by emotional appeals to love or in trite reassurances that changing such law will have no consequences.

The recent Supreme Court decision plainly goes against our well established constitutional rights and procedures and therefore must be resisted. I strongly encourage you as the representative from my county, to push for a formal legislative resolution declaring in unequivocal terms Idaho’s opposition to the recent Supreme Court decision and that this state, through its duly elected representatives will pursue a redress against such judicial abuse through legal and constitutional means. Idaho must show the world that it does not accept this trans-political, extra-constitutional decision and that any compliance to it is done under duress. I also encourage you and all other members of the state legislature to foster a spirit of cooperation with other like minded states and open lines of communication for how best to handle this distressing situation. There are states still holding out against the almost overwhelming pressure of the federal government in this matter and we need to join their ranks and make a stand for what is constitutionally right and morally good. Whatever happens, let us not go out in a whimper but let the world know that the way in which the policy objective of redefining marriage was carried out was such a gross violation of our political traditions and so counter to our state and federal fundamental laws that it cannot be allowed to pass into the status quo. This letter is not written in spite or out of hate for any individual or group but I would see that the people, through their states, rather than five unelected and unaccountable judges, decide such an important, fundamental and civilization-changing matter that affects all of us and our posterity.

After receiving a reply, I followed up with this response:

In any case I’m only asking that the representatives in the Idaho legislature raise a voice against such abuse. That we tell the world that we comply under duress and are seeking any and all remedies. It seems too important of a matter to simply let pass without comment.

To which the representative said he would run it by the speaker and ask what options there were for a legislative response. In other words, nothing will be done. In fact the state of Idaho has complied with the ruling in updating the tax code, etc. like good little administrative units of the general government. We the people of the states at this point in our history only exercise what few freedoms we do exercise as states by the will and power of the federal government. As long as they give us leave and permission we can be “free.” Of course this present state of the federal/state relationship is utter nonsense.

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