Judge Black Strikes Again!

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12242013_OH-blackIf nothing else, U.S. District Judge Timothy Black is very consistent in his incompetence.  He continues to demonstrate blatant disregard for the US and Ohio Constitutions. Then again, Judge Black was appointed by Barack Obama, so this should come as no surprise.

According to an article in the Columbus Dispatch, Judge Black recently ordered Ohio authorities to recognize gay marriages on death certificates, saying that the state’s ban on such unions is unconstitutional and that states cannot discriminate against same-sex couples simply because some voters don’t like homosexuality.

I wonder if the Judge would mind answering a few really simple questions:

  • Does your copy of the US Constitution grant the federal government the authority to define and/or regulate marriage? If it doesn’t (and trust me, it doesn’t), then your “ruling” is unconstitutional and thus null, void and of no effect.
  • Does your copy of the US Constitution include the 10th Amendment? The following ridiculous statement leads me to believe that it does not:

“The question presented is whether a state can do what the federal government cannot — i.e., discriminate against same-sex couples … simply because the majority of the voters don’t like homosexuality (or at least didn’t in 2004),” Black said in reference to the year Ohio’s gay marriage ban passed. “Under the Constitution of the United States, the answer is no.” 

This reminds me of a quote often attributed to Abraham Lincoln: “Better to remain silent and be thought a fool than to speak out and remove all doubt.”

  • Does your copy of the Ohio Constitution include Article 15, Section 11? This duly enacted amendment, which was approved in 2004 by 61.4% of the voters states that:

“Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.”

Ohio State Representative John Becker was certainly justified in asking US Congressman Brad Wenstrup to initiate impeachment proceedings against Judge Black. Of course Congressman Wenstrup won’t do so because he – like Judge Black -works for the federal government.

Ohio Attorney General Mike Dewine thinks the remedy to Judge Black’s unlawful behavior is to ask another FEDERAL court to overturn Judge Black’s erroneous “ruling”. How do you think that will turn out?!

The RIGHTFUL REMEDY to the criminal actions of the federal government – whether Executive, Legislative or Judicial – is to ignore, refuse to comply with, and refuse to enforce said acts for they are “merely acts of usurpation, and [will] deserve to be treated as such.” (Alexander Hamilton, Federalist 33)

Regardless of how one feels about the issue of marriage, the PRINCIPLES of enumerated powers and divided authority are non-negotiable. The federal government does NOT have the constitutional authority to declare Ohio laws regarding marriage (or healthcare, or firearms, or medical marijuana…) unconstitutional – PERIOD!




Scott Landreth is the Ohio Chapter Coordinator for the Tenth Amendment Center, a national think tank that serves as a forum for the study and exploration of state and individual sovereignty issues, focusing primarily on the decentralization of federal government power as required by the Constitution. Send him e-mail to scott.landreth@tenthamendmentcenter.com.

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