Carson, who is sort of a darling "outsider" proto-candidate on the GOP side for the 2016 Presidential Elections, seems to think that federal judges have no business telling states that their laws are unconstitutional, esp. regarding civil rights for gays and marriage equality.
'The states have a mechanism whereby they can determine the will of the people, it’s called ballot referendum. It has been done multiple times already, 32 states have indicated that marriage is between a man and a woman, and a few judges have come and overturned that. That, as far as I’m concerned, is unconstitutional, and Congress actually has oversight of all what they call the inferior courts, everything below the Supreme Court, and that’s where those overturns have come. And when judges do not carry out their duties in an appropriate way, our Congress actually has the right to reprimand or remove them.'
I recommend, before going much further with his candidacy, that Dr. Carson read the 14th Amendment of the Constitution, which notes, right up top:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
That whole "equal protection of the laws" bit is where these anti-gay-marriage laws are running into trouble. A state referendum can no more let the state treat gays differently from straights than it can let the state treat blacks differently from whites, or Christians from Jews, or men from women, without grounds for a challenge based on the 14th Amendment.
Sometimes — frequently, I suspect — those challenges fail. States may have compelling reasons for drawing distinctions. But before an enumerated right is abridged, it's perfectly legitimate to review that justification and determine if it is adequate.
That's how the Constitution — and judicial review — works, Dr. Carson.
Ben Carson: Congress Should Oust Judges Who Rule For Marriage Equality
Ben Carson, the likely Republican presidential candidate who believes that the gay rights movement is part of a communist conspiracy to bring about the New World Order, wants Congress to intervene in
