BROWN: Kentucky’s same sex-marriage ban should be upheldPosted by Kenny Brown on June 5, 2015
In 2004, Kentucky voters went to the polls and voted overwhelmingly for an amendment to the Kentucky Constitution that makes it unlawful for the Commonwealth of Kentucky to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75 percent of the voters. As the Boone County GOP Chairman at that time, I voted for the amendment and supported and passed a Republican Party resolution supporting the passage of the amendment.
The strongest argument for the amendment was to protect the moral and historical importance of traditional marriage as a sacred institution in our society. Sadly, Kentucky’s marriage laws, along with those of many other states, have come under attack over the past decade by pro-gay marriage advocates claiming states with same sex-marriage bans are in violation of the U. S. Constitution.
I fully support and believe the religious and moral arguments made to maintain Kentucky’s current laws defining marriage. But the Supreme Court justices must address the constitutional question of a state’s right to define marriage. This should be where the clear answer to this debate is found, no matter what side of the gay marriage issue one is on.
Gay marriage activists claim their individual rights are violated by same-sex marriage bans, but their argument is invalid and illogical because the U.S. Constitution does not include a right to marry. (I am not a lawyer but thankfully our founding fathers wrote the Constitution simply enough for any ordinary citizen to understand.) In fact, the word “marriage” does not even appear in the document. The U.S. Constitution is perfectly clear in the Tenth Amendment: “The powers not delegated to the United States [federal government] by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
So, does any provision of the Constitution delegate power over marriage to the federal government? I can find none. This is clearly a states’ rights issue and the only potential violation of rights would be on our state if Kentucky’s ban on same-sex marriage is overturned.
The debate has worked its way through our Federal Court system and is now being considered by the highest court in the land. The U.S. Supreme Court will render its decision this month. I hope the court will rule in favor of our Constitution and not with the activist federal judges in the lower courts.
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- BROWN: Kentucky’s same sex-marriage ban should be upheld - June 5, 2015