Lesser Magistrate Doctrine in action – eight states defy the Federal government

Here is a link about a story that has been gaining steam over the last several weeks. Eight states are defying the Federal government when it comes to homosexual marriage. One other state has already capitulated and the Feds are on the move to force compliance from the others. (Click the link below to read the story).


The magistrates are saying the right things. The Federal government is yet again playing the tyrant.

From the story: Hagel said that he may take “further action” if the states continue to refuse his directives, but it is not clear as to what types of action would be taken to force compliance.

But a spokesperson for Texas Governor Rick Perry said that the state cannot violate its own Constitution.

“The Texas Military Forces is a state agency, and as such, is obligated to adhere to the Texas constitution and the laws of this state, which clearly define marriage as between one man and one woman,” Josh Havens told reporters.

A spokesperson for Oklahoma Governor Mary Fallin likewise stated that her duty as governor is to defend and enforce the laws of the state.

“Her priority is to obey and protect Oklahoma’s laws while supporting the men and women of the Guard,” Alex Weintz told The Hill.

He said that he believed Obama was attempting to “usurp the power of the states.”

“The president has made it clear he supports gay marriage,” Weintz stated. “He has the legal authority to order federal agencies to recognize gay marriages. He does not have the legal authority to force state agencies to do so, or to unilaterally rewrite state laws or state constitutions.”