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Federal Judge Rules Against Virginia Gay-Marriage Ban – Are States Losing Rights

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The state of Virginia has temporarily lost its battle to uphold its state ban on gay-marriage when a federal court judge declared it unconstitutional Thursday, according to Bloomberg Business. On Thursday, U.S. District Judge Arenda L. Wright Allen in Norfolk ruled that gays and lesbians that are citizens have what she termed was a “fundamental freedom to choose to marry.” The state’s right to choose what is legal and illegal within its state boundaries as established by U.S. Constitution’s 10th Amendment which establishes, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

It was the people of the state of Virginia that determined that gay-marriage was and is not a right that has any legal basis in the state. The federal judge determined that by using creative license the court could craft a dismembering of the state’s sovereign rights to make law.

The court’s determination to create new law was self-evident in how it presented its rationale, by stating, “Government interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this country’s cherished protections that ensure the exercise of the private choices of the individual citizen regarding love and family,” reported Bloomberg Business.

What is unclear is from what mystical legal well of law did the federal judge find abolition to a right in Virginia to ban love and family when its citizens passed the voter-approved 2006 constitutional amendment? Families could still live and share homes and lives in Virginia, as before. No one was coming into their homes to drag them out and arrest them in the dead of night.

So one could see this “right” was something that was developed in the mind of Obama whose on again off again and then on again courtship with all things gay is now on again. It was Obama, who ordered his U.S. Justice Department to stand down and not enforce the federal Defense of Marriage Act passed by Congress and signed into law by President Bill Clinton. It was Obama who has led and fed gay-oriented disruptions of state’s marriage rights.

Does it make the voters who supported anti-gay marriage laws of Virginia, Michigan, Oklahoma, Utah or New Jersey wrong in their decisions? Of course the decision were not, under the sovereign powers granted their states by the 10th Amendment of the U.S. Constitution. Even the U.S. Supreme Court has been treading lightly in taking away an expressed legal power of states to grant marriage, as it did when dealing with DOMA in a 2013 ruling.

The disassembling of Virginia’s right to determine what is and is not a legal marriage in its Commonwealth is a clear indication of the need for focused attention on who will next sit in the Oval Office after 2016. Otherwise, residents of Virginia or anywhere else in America will be witnessing the complete unraveling of America and the U.S. Constitution.

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Copyright © 2014 Kevin Fobbs. If you like this article you can subscribe above to receive email updates whenever Kevin Fobbs publishes on Examiner.com.

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