Senator Chris McDaniel today released the following statement regarding the ruling by the U.S. Supreme Court on gay marriage.
“Five unelected lawyers have, once again, ignored the democratic process.
Regardless of how one may feel about gay marriage, it cannot be plausibly maintained that it is a “fundamental” American liberty, and wishful thinking does not make it so. Otherwise, every state at the time of the 14th Amendment’s adoption would not have limited marriage to one man and one woman, without doubting the constitutionality of such actions.
Justice Scalia put it best in his dissent when he wrote that the court’s “practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”
The Supreme Court is not a legislature. Under the Constitution, the federal judiciary only has the power to say what the law is, not what it should be.
The “right” announced today by this court has absolutely no basis in the Constitution. Nor does it have any basis in the common law. Consequently, it should have been left up to the respective states to decide the controversial issue of gay marriage.”
Sen. Chris McDaniel Press Release