Here’s his latest screed. I’m going to take it apart so get ready:
“It is outrageous that the Justice Department would move so brazenly and publicly to undermine Utah’s standing constitutional provision regulating marriage as the union of one man and one woman. It is the right of states to determine marriage, and the voters and legislature of Utah have done just that. Their right to do so is encoded in the U.S. Constitution, and was explicitly upheld by the Supreme Court this summer in the Windsor decision. But with this move, the Department of Justice under this Administration signals that it simply has no regard for the Constitution and the rule of law. On Wednesday, the State of Utah had issued its own determination that it would not recognize the same-sex marriages which had taken place there between the decision by a federal judge to strike down Utah’s marriage amendment and the Supreme Court’s order to stay that decision. The Governor of Utah announced this in a letter from his Chief of Staff to cabinet officials which explained that “state recognition of same-sex marital status is ON HOLD until further notice.” The Justice Department’s edict today expressly contradicts the determination of Utah’s Governor and Attorney General, and represents one of the most significant overreaches of federal authority imaginable. Furthermore, Attorney General Eric Holder is now doing the very thing that the Supreme Court in Windsor v. United States held the federal government could not do – use a definition of marriage for federal law purposes that did not respect the policy choices made by the individual states. This determination should be reversed if the State of Utah’s sovereignty-or really any state’s-is to be upheld and respected.”
When Brown says “It is outrageous that the Justice Department would move so brazenly and publicly to undermine Utah’s standing constitutional provision…”
What he’s really saying is “I don’t recognize the legal framework of the court that constantly finds against bigoted arguments that we’ve put forth.”
“It is the right of states to determine marriage, and the voters and legislature of Utah have done just that.”
AND “…their right to do so is encoded in the U.S. Constitution, and was explicitly upheld by the Supreme Court this summer in the Windsor decision.”
Umm – here’s the thing. This is the old 10th Amendment argument and that got settled in the mid 19th century, a thing called the Civil War. Supremacy belongs to the Federal Government, not the states. That was the primary motivator for President Lincoln back then. And it still applies today. We’ll come back to this as he bleats about it later in the quote.And while the U.S. v. Windsor case is used by Brown, all that did was allow the FEDERAL GOVERNMENT to recognize same sex marriages. We’ve seen evidence of this in the military and even in civil society where we can now claim the Federal benefits available to those who marry. The states meanwhile are still free to discriminate but that’s going the way of the do-do sooner than later.
That last part is a direct swipe at Attorney General Eric Holder. But all Holder did was say that every FEDERAL government office has to abide by the ruling in U.S. v. Windsor. I’ve discussed that above.
So Brian Brown – we all know you’re on the losing side of the arc of justice – so go at it with some dignity and stop whining.