Marriage issue shouldn’t have to ‘percolate’
“Let’s percolate the idea until it’s constitutional.”
Percolate: Verb: Spread gradually through an area or group of people.
A divided Supreme Court debated Tuesday same-sex marriage and suggested the issue be allowed to “percolate” in the states before the Supreme Court steps in. This idea concludes the failure of this court to rationally apply the Constitution to legal questions. Percolation is the modus of progressives and social engineers who believe in incrementalism, allowing their ideas to percolate or infiltrate and “spread gradually through an area or group of people” until society is indifferent to the changes.
Questions of constitutional law do not percolate into existence, or should I say they must not percolate into law. The Constitution is the law at the time of ratification; and as any law is constructed by original intent and original source. Changing the Constitution is not thru percolation or thru some form of evolutional life as determined by nine appointed judges.
The most heated exchange came when Justice Antonin Scalia asked when the Constitution began ensuring equal marriage rights. “I’m curious, when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the 14th Amendment was adopted?” he asked.
Even though a fan of Justice Scalia I wonder where marriage is found in the Constitution. Well look no further than Article I Section 8 Clause 1 … that’s correct, the power to tax. Marriage is a member of the tax code and here is the root of our problem and perhaps the solution. Marriage has tax advantages and benefits not available to the unwed.
Is the marriage tax law perhaps unconstitutional? The 14th Amendment provides that “no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes ...” Maybe it’s time for the federal government to withdraw from the marriage business and leave that institution or Sacrament of the Covenant to God where it belongs. Contracts, partnerships and power of attorneys provide the states responsibility and offer the protection of assets.
“The power to tax is the power to destroy,” wrote John Marshall, 194 year ago … the sacrament of marriage is God’s law, demand our First Amendment rights that protects the right to freedom of religion and freedom of expression from government interference, demand marriage is an institution of God and is protected by the Constitution.