Originally published July 2 2015
Marriage isn't the only license SCOTUS ruling forces states to accept: chiropractic, acupuncture, electrical licenses and more must be accepted in ALL states
by J. D. Heyes
(NaturalNews) Did the U.S. Supreme Court's ruling mandating that each state must recognize gay marriage open the door for mandatory reciprocity of various other licenses and license holders? Some think so.
Consider the basis of judgment used by SCOTUS in the very controversial ruling. According to Breitbart News:
The SCOTUS legalized same sex marriage by finding a right which Justices Anthony Kennedy, Ruth Bader Ginsburg , Sonia Sotomayor, Stephen G. Breyer, and Elena Kagan ruled as beyond a state-by-state prerogative via the 14th Amendment.
Crucial in this ruling is the fact that same sex marriage–now recognized by the SCOTUS–is not the only right the 14th Amendment shields from state-by-state prerogative and/or recognition.
Shouldn't all licensure, then, be treated the same?
Contained in the majority opinion written by Kennedy is this passage:
Under the Due Process Clause of the Fourteenth Amendment, no State shall "deprive any person of life, liberty, or property, without due process of law." The fundamental liberties protected by this Clause include most of the rights enumerated in the Bill of Rights.
Using that legal argument, then, gay marriage licenses issued in one state must now be recognized by all states. In fact, the concept was really already enshrined in the Constitution's "full faith and credit" clause, Article IV, Sect. 1, which states, in part, "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State..."
That said, Natural News editor Mike Adams, the Health Ranger, noted that the same should apply to concealed carry permit holders:
If this right to keep and bear arms (and to carry concealed firearms) is already recognized in some states, then by the Supreme Court's own precedent on gay marriage, that right cannot be denied in ANY state! ...
The Supreme Court, in other words, appears to have just nullified gun control laws all across America.
Just as important, the ruling may also have opened the door to nullify laws in states that require additional forms of licensure. For example, if a chiropractor has been licensed by the state of Missouri, then by the Supreme Court majority's own legal rationale in the gay marriage case other states should have to recognize that licensure and, in doing so, permit that chiropractor to relocate without having to pay a different state government to get a different state license. The same is true for doctors, electricians, homeopaths and anyone else required to obtain a "license" before practicing.
Political, not judicial, decisions
Or, is the gay marriage ruling largely a political position wrapped in the context of a judicial decision? For more on that, consider the same Supreme Court's decision to strike down as unconstitutional the Defense of Marriage Act in 2013.
In that decision, Justice Kennedy – again, writing for the majority – essentially ruled that states do have the historic right to decide issues of marriage.
"We clearly have a mixed ruling here," John Eastman, chairman of the National Organization for Marriage, said in an interview with NBC News. "Justice Kennedy did not say that all states must recognize same-sex marriage. In fact, his opinion is full of deference to the states' determination of marriage policy" (our emphasis).
So – in 2013 states could decide marriage rules, but in 2015 they can't?
The point is, the Supreme Court, in its current form, is one of the most politicized there has ever been. When you have the same justices deciding the same issue in a different manner while citing some of the same constitutional language, one can only assume that rulings are summarily political rather than judicial.
In reality, the "full faith and credit" clause in the Constitution regarding state-to-state legal relationships should be enough to recognize single-state licensure in all cases requiring licensure.
Sadly, however, that is not the case.
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