Texans Appeal to Tenth Amendment Rights on Marriage Issue


A Constitutional crisis exists in the United States over the issue of marriage.  Nothing in the United States Constitution grants the federal judiciary the authority to redefine the institution of marriage. In the November 8, 2005 General Election, the citizens of Texas passed, by an overwhelming margin of 76% to 24%, a Marriage Amendment to the Texas Constitution, Article 1, Section 32, which provides that “Marriage in this state shall consist only of the union of one man and one woman.”

Marriage is a God ordained institution between a man and a woman and it has been the fundamental foundation of families and of ordered societies for thousands of years: “For this cause a man shall leave his father and his mother, and shall cleave to his wife; and they shall become one flesh” (Gen. 2:24; Matt. 19:5).

The U.S. Supreme Court ruled in Murphy v. Ramsey, 114 U.S. 15, 45 (1885) on the singular importance of marriage and family as the necessary foundation of a self-governing society.

“For certainly no legislation can be supposed more wholesome and necessary in the founding of a free, self-governing commonwealth, fit to take rank as one of the coordinate states of the Union, than that which seeks to establish it on the basis of the idea of the family, as consisting in and springing from the union for life of one man and one woman in the holy estate of matrimony; the sure foundation of all that is stable and noble in our civilization; the best guarantee of that reverent morality which is the source of all beneficent progress in social and political improvement.”

Incredibly, the federal judiciary, with the encouragement of the Obama administration, has set its sights on destroying the institution of marriage using fallacious arguments and convoluted reasoning. This tyrannical action by the federal courts must be opposed! Alabama Chief Justice Roy Moore has set the example for conservative leaders across the country.

Regarding the federal government’s usurpation of states’ rights, Thomas Jefferson wrote in a letter to William Branch Giles on December 26, 1825:

“I see as you do, and with the deepest affliction, the rapid strides with which the federal branch of our government is advancing towards the usurpation of all the rights reserved to the states, and the consolidation in itself of all powers foreign and domestic; and that too by constructions which, if legitimate, leave no limits to their power. Take together the decisions of the federal court, the doctrines of the President, and the misconstructions of the constitutional compact, acted on by the legislature of the federal branch and it is but too evident that the three ruling branches of that department are in combination to strip their Colleagues, the States authorities of the powers reserved by them and to exercise themselves all functions foreign and domestic.”

Texas must reaffirm and reassert its Tenth Amendment rights: “The powers not delegated to the United States by the Constitution, nor prohibited it to the states, are reserved to the states respectively, or to the people.”

HB 623The Preservation of State Sovereignty and Marriage Act, should be placed by Governor Abbott on the Emergency Bill Designation List so that it may be passed in an expeditious manner during the first 60 days of the 2015 Texas Legislative Session.

HB 623 exerts Texas’ sovereignty over the marriage issue. By passing this bill, the Texas Legislature will be sending a forceful message to the federal judiciary, specifically to the U.S. Supreme Court, that Texas intends to maintain the Texas Constitution’s Marriage Amendment and not allow the federal courts to tyrannically impose a redefinition of marriage for Texas. If the federal courts rule against us, then they will have to enforce their own rulings. Texas will not spend any tax funds or state money to undermine the Texas Constitution’s Marriage Amendment.

Texas is the strongest bastion of conservative values in the country. Texas must assert its Tenth Amendment Right of State Sovereignty over the marriage issue; by doing so Texas will rally right-thinking patriots from across America to take a stand in their home states as well.

Governor Abbott spent 12 years as Attorney General steadfastly fighting the federal government’s encroachment on Texas’ sovereignty, suing the federal government over 30 times. What we are requesting of Governor Abbott is consistent with the indomitable spirit that he has displayed in fighting to protect Texas’ sovereignty in the past.

Sincerely yours for constitutional liberties and the biblical principles upon which they are based.

Steven F. Hotze, M.D.

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