SCOTUS Obergefell v. Hodges ruling is “settled law”? What are the facts?

14 July 2015
27 Tammuz 5775

#SCOTUS Obergefell v. Hodges ruling held that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples in the same manner as it does to opposite-sex couples. Barack Obama declared this ruling “a victory for America”. NPR trumpeted the ruling as settled law.

So, five liberal justices declare the Fourteenth Amendment Due Process and Equal Protection clauses applies to unnatural ‘marriage’ as well as it does to natural marriage.

The reader should know Supreme Court opinions are not settled law, but opinions. Only Congress has Constitutional authority to craft laws. In fact, Congress can craft laws that specifically prohibit federal courts, including the Supreme Court, from even allowing a dispute of a law to be considered. Under authority of Article III, Section 2, the Exceptions Clause can be used by Congress to prevent appellate action by the Supreme Court.


Read from the official Government Printing Office “SUPREME COURT DECISIONS OVERRULED BY SUBSEQUENT DECISION”

To date, 220 Supreme Court decisions have been overruled by subsequent decisions of the Supreme Court.

In 1857, the court ruled that African-Americans, whether free or enslaved, could not be U.S. citizens. This unconstitutional and unreasonable ruling was overturned by the Civil Rights Act of 1866, an act of Congress, and by the Fourteenth Amendment, an act of We the People.

Later, in 1896, in Plessy v. Ferguson the Supreme Court ruled “equal but separate accommodations” for blacks on railroad cars did not violate the “equal protection under the laws” clause of the 14th Amendment.


Article V of our Constitution lays out authority to amend it. Amendments can be proposed either by Congress or by a Convention of States. In all cases, only We the People can approve amendments. A convention of 2/3 of the states can call the convention to craft proposed amendments. Whether proposed by Congress or a Convention of States, 3/4 must approve it to become law.

It’s time for We the People to assert our authority. Our authority exceeds that of the Congress, the President and the Supreme Court COMBINED.

John White​

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