Tuesday, July 7, 2015

ACTION ITEMS: A Tear Sheet of Congressional Responses to Obergefell v. Hodges

The Supreme Court says the Fourteenth Amendment requires States to license same sex marriages. Senate Majority Leader McConnell says its the law of the land. House Speaker Boehner wishes the Court had respected the People. From the failing voices of Republican Leadership in Washington to the celebratory hoopla at Rainbow House (formerly the White House), one gets the definite impression that NOTHING will be done to respond to the unlawful decision of the Supreme Court on the question of same sex marriage.

I have noted the problem here, and provided a full explanation of Congressional power here.

Today, I'm just offering you a checklist of Congressional actions, think of it as a "To Do List" for your representatives. Use this list to challenge your Representative and Senators. Use it to demand action from them.

The list is broken out in four parts. Those parts correspond with the mnemonic: B.O.I.L. Those four letters stand for four different kinds of action CONGRESS should take in response to the Supreme Court. Those actions are BUDGETING, OVERSIGHT, IMPEACHMENT, and LEGISLATION. Tell your elected representatives you are BOILing mad at the Supreme Court's usurpation, and that you will be BOILing mad if they do not take seriously their power to act:


1. Strip Supreme Court Justices of paid law clerkships.

2. Impose building temperature controls to save heating costs in winter and cooling costs in summer.

3. Eliminate any subscription payments on behalf of the Court, its justices, or its library, to any publication not directly related to the work of the Supreme Court (newspapers, weekly or monthly magazines, etc.)

4. Freeze judicial salaries exactly where they are, eliminate any COLA provision in law that would increase judicial pay.


1. Conduct hearings on the constitution and demographics of the Supreme Court

2. Conduct hearings on Obergefell v. Hodges
     a.  Examine the Court's treatment of the Fourteenth Amendment
     b.  Examine the standards used by the justices to determine whether they should recuse themselves from particular matters and examine whether Justices Ginsberg and Kagan should have recused themselves for officiating at same sex marriages while Obergefell was pending.
     c.  Examine the Court's treatment of the Defense of Marriage Act, and its treatment of the Article IV power of the Congress respecting Full Faith and Credit.

3. Conduct hearings on the response of the Internal Revenue Service to the decision in Obergefell to determine whether the IRS takes a position regarding the status of Obergefell as deciding a question of public policy for the Nation, from which the IRS could then take negative action against the tax exemptions of religious organizations, churches, and their affiliates, based on a determination by the IRS that policies of such religious organizations, churches and their affiliates that do not recognize or provide equal treatment to same sex marriages are contrary to public policy (Bob Jones University v. United States).

4. Conduct hearings on any change proposed by the Obama administration to federal contracting programs that seek to coerce federal contractors to comply with Obergefell in their HR services to qualify as contractors, including the availability of the Religious Freedom Restoration Act to protect contractors from negative actions by the administration.

5.  Conduct hearings to assess the state of accommodations law in the United States, the interplay of such accommodations law and the religious and economic liberties of individuals, businesses, religious organizations, churches and their affiliates.


1. Impeach Justices Ginsburg and Kagan based on the participation in, and decision of, Obergefell v. Hodges despite obvious personal interest in the determination and outcome of the case, based on their having officiated at same sex weddings while the case was pending at the Court.

2. Impeach Justices Kennedy, Breyer, Ginsburg, Sotomayor and Kagan based on their lawless invasion of the Tenth Amendment reserved rights of the States to define marriage, along with their lawless disregard for the singular role of Congress under Article IV to define how States comply with the requirement of Full Faith and Credit.


1. Propose a constitutional amendment to the States
    a. defining marriage as between one man and one woman; or,
    b. reserving expressly to each State the power to define marriage according to its State laws and constitution, and determining for itself whether to afford Full faith and credit to same sex marriages recognized under the law of a sister State.

2. Enact restrictions on the appellate jurisdiction of the Supreme Court and the jurisdiction of federal trial and appeals courts to restore the determination of issues related to the creation and dissolution of marriages solely to the courts of the States.

3. Enact a provision of the Internal Revenue Code expressly stating that the decision of the Supreme Court in Obergefell v. Hodges does not state a public policy of the United States and expressly stating that the IRS is not authorized to deny or revoke 501(c)(3) exemption based on its determination that a policy or practice of a 501(c)(3) exempt organization is inconsistent with Obergefell or its conclusion that the Fourteenth Amendment guarantees a right to same sex marriage.

4. Enact a provision amending RFRA expressly to provide that the Act protects religious persons and organizations from federal governmental actions that interfere with, or deny, their religious freedom rights to teach and practice their faith, with respect to the nature of marriage.

* * * *
Share this action list with your social media contacts. Tweet a link to this post to your Senators and Representative. Tell them you expect action and will remember theirs at election time.