Congressman Lamar Smith believes the Constitution can fit his beliefs, rather than espouse the freedoms and rights he fears.

Congressman Smith Says, "It's inconceivable that the authors of our Constitution intended to create a right to same-sex marriage."

I stongly disagree. While I would agree that that authors of our Constitution would have been unlikely to have considered that specific right at that time, I believe they intended to grant us the freedoms which would encompass that right. I don't believe that they were terribly concerned about restricting the rights of marriage while crafting the document.

Congressman Smith continues, "Traditional marriage does not violate equal protection because it makes marriage available to all men and women who want to enter into a marriage relationship with each other."

Hmm... wasn't that the same argument used by those who sought to restrict interracial marriage?

He continues, "States may recognize other relationships, but if they do, such states are recognizing relationships other than marriages."

It is disingenuous to impose one's own definition of marriage upon an independent governing body. Surely, as one who has sworn to uphold the Constitution of the United States, Congressman Smith is familiar with the 14th Amendment, which states "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." Thus, as "marriage" is not defined or prescribed in the Constitution, the individual states have the right to define it as they please subject to the individual liberties granted by the constitution. States thus have the power to define marriage, contrary to Congressman Smith's beliefs.

Even given these states' rights, the "equal protection" clause (as Congressman Smith cites in his flawed argument) prevents any state or the US Government from selectively discriminating as he apparently wishes to according to his beliefs.

Congressman Smith, please uphold your sworn duty. Or, we shall find someone who does.

Congressman Lamar Smith disrespects the Consitution

Congressman Smith said, "When Congress returns from recess, I plan to introduce a resolution condemning today's decision and urging an immediate appeal. The voters of California are not the only ones who lost today. This decision defies the voice of all citizens who have sought to define marriage in their states as the union between one man and one woman. Judge Walker's actions should be opposed and the decision should be swiftly overturned."

What about freedom? The tyranny of the majority is not the rule of law in this country. The foundation of our country rests upon a document he has sworn to uphold, but apparently had his fingers crossed when he did so. The Constitution guarantees equal protection to all, regardless of the opinion of a majority of voters who believe their view of the world is the only "legal" view. Freedom always wins in the end. Lets hope that those who wish to infringe on the Constitutionally guaranteed freedoms of others, start losing.

Congressman Smith is up for re-election in November. Vote for somebody else.