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For the second time Judge Martin Feldman rules against Obama administration

Posted on | September 3, 2014 | 22 Comments

USA TODAYJudge Martin Feldman is a conservative judge in La. several years ago he ruled against Obama administration and and issued  injunction against a ban on drilling in the Gulf of Mexico, which helped the gas and Oil industry to stay afloat.

1. Today Judge Feldman ruled to uphold a ban on gay marriage in LA.

   The decision is actually not anti-gay, it simply upholds the right of the citizens of the state to define the marriage, whether it is a union between a one man and one woman or  or whether it allows homosexual marriage and  in some cases polygamy.

   As we know, Obama and his administration has long pushed for nation -wide legalization of gay and lesbian marriages irregardless of the will of the people in most states. Majority of states passed laws banning gay marriages. I, personally,  feel that it shuld be up to the people of the states, not up to unelected federal judges to define the marriage.
   

   Definition of marriage and gay marriage is something that should come from the voters, not federal judges. In CA voters passed prop 8, which defied marriage as a union between one man and one woman. A gay couple shopped for an openly gay federal judge, who undid the law, which passed after multiple battles and millions of dollars spent on both sides. Our attorney General, Kamela Harris, recipient of large donations from the Gay and Lesbian community, decided not to defend the state law, even though it was her duty, as AG to do so.

   The issue of gay marriage was not resolved on the merits by the Supreme Court. Until now the federal law, Defend of Marriage act, DOMA,  was stricken not because the Supreme court decided that every state has to recognize the gay marriage, but because it stated that this is a state issue and not a federal issue, that it is up to the states to decide.

   We can expect this and multiple other cases to reach the Supreme Court as now there is a real controversy: some federal judges have stricken  bans on gay marriage, while others affirmed them.

   We can expect Anthony Kenny, a perpetual swing vote, to decide on this one. He is currently wedged between Scalia, Roberts, Alito and Thomas on one side and Breyer, Kagen, Sotomyor and Bader-Ginsburg on the other side.

   In the last years Kennedy leaned more towards the left, however he might rule that allowing gay marriage should be up to the voters, that the definition of marriage, age to get marriage, marital benefits, is a state issue and it should be decided by the states under the 10th amendment and by the voters of the states, not by the elitist federal judges.

   So, what say you Justice Kennedy?

   Louisiana gay marriage ban upheld by federaljudge

   The Times-Picayune – NOLA.com ‎- 57 minutes ago

   U.S. District Judge Martin Feldman issued a ruling Wednesday (Sept. 3) upholding Louisiana’s ban on gay marriage, breaking a string of …