5 hours ago
Thursday, February 13, 2014
What is Law Anymore?
Well isn't that special.
74% of the voters in the Commonwealth of Kentucky say one thing; ONE Federal Judge says another. Guess who's opinion matters?
Why is that?
I have talked many times about gay marriage, most recently here. I have also said that a state or a community should be able to make its own laws on morality. Things such as drinking, gambling and prostitution should all be local decisions. If Ohio wants to get rich off of sin, so be it. If Kentucky chooses not to, so be that as well.
Basically, here is what this judge has decided; He has decided that the will of the judiciary in Massachusetts has more weight than then the will of 74% of the voters of Kentucky.
Full Faith and Credit clause of the United States Constitution; any marriage license issue in one state is valid in all fifty; just like a driver's license.
So; if a single judge in Rhode Island can determine that it is legal for two men to marry, Kentucky has to recognize that marriage, no matter how illegal it is in Kentucky.
Why do the same rules not apply to Concealed Carry? Why isn't my CC permit valid in Illinois?
Article IV, Section 1:
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
If that can be construed to mean that something legal in one state must be recognized as legal in all states, then there should be no cherry-picking on what is allowed.
Smoking dope is now legal in Colorado and Washington; why isn't a citizen of Colorado allowed to light up in Kansas? Full Faith and Credit.
If where I come from has a speed limit of 80, how can another state say that is illegal? Liquor should be the same way; if the state I came from says an activity is legal, the state I go to shouldn't have any right to make that same activity illegal. Full Faith and Credit, right? Isn't that what this judge has said? The religion or morality of a given state can't control acts legal in another state?
Talk about the lowest common denominator; we are now stuck with, as a base, whatever state has the lowest laws in any given area. Prostitution is legal in Nevada. Full Faith and Credit now says NO state can outlaw Prostitution.
Florida and Texas, among other states, have made not paying an income tax legal. I guess that means I shouldn't have to pay one either; Full Faith and Credit, right?
What's that you say? It doesn't work like that? Only CERTAIN THINGS can be ruled as legal everywhere? Certain things that celebrate an aberrant minority and crucify the majority?
Yes; I said aberrant. The sexual acts of consenting adults has one purpose; procreation. So, by definition, any sexual act that cannot lead to procreation is aberrant; just like any child born out of wedlock is a bastard. Words have meanings. Sometimes cruel meanings,
And just because a behavior is aberrant doesn't mean it should be illegal or even immoral. Neither should it be celebrated.
All that aside, what happened to majority rule? More states have outlawed Gay marriage by popular vote than have approved it. More states have had gay marriage thrust upon them by judicial fiat than have voted it in by popular vote.
While I firmly believe in the rights of the minority to voice whatever opinion they hold, no minority has the right to enforce that opinion on the majority.
What's next? I do believe I will keep a copy of Bourke V. Beshear in my holster. The next time I get stopped concealed carrying in Illinois, guess what the officer gets, along with my CCW license?
Yep; Full and Credit Friend; live with it.