Obama: If I was on the Supreme Court, I’d strike down bans on gay marriage in every state

Hot Air

In case there was any lingering doubt after last night’s post that O wants prohibitions on SSM neutralized coast to coast, not just in California, here’s the man himself at today’s presser to clarify.

Obama responded by saying: “What we’ve said is that same-sex couples are a group, a class that deserves heightened scrutiny. The Supreme Court needs to ask the state why it’s doing it, and if the state doesn’t have a good reason, it should be struck down. That’s the core principle, as applied to this case.

“Now, what the court may decide that if it doesn’t apply in this case, it probably can’t apply in any case. There’s no good reason for it. If I were on the court, that would probably be the view that I would put forward. But I’m not a judge, I’m the president.”

Two things. One: If he believes state-enacted bans on gay marriage violate the Equal Protection Clause, why isn’t he pushing Congress for a federal statute to legalize SSM? He swore an oath to defend the Constitution; his reading of the Constitution holds that laws prohibiting gays from marrying are barred by the Fourteenth Amendment. Congress could, theoretically, pass something under Section 5 of that amendment to nullify those laws…

…O’s not some average voter. He’s a Harvard-trained former law professor who’s moved, in an astoundingly short period of time, between two (or even three) distinct constitutional views of gay marriage…

The complete article, with video, is at HotAir.com


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