Supreme Court to hear Prop 8

Yesterday, President Obama and his administration sent the United States Supreme Court a friend-of-the-court-brief expressing their concern on gay-marriage ban instituted by the passing of Prop 8 in the state of California. The administration wrote:

They establish homes and lives together, support each other financially, share the joys and burdens of raising children, and provide care through illness and comfort at the moment of death.

The administrations hope is that the United States Supreme Court will rule in favor of same-sex marriage and bring equality for all people to have the right to marry. United States Attorney General Eric Holder is on record in hoping the Justices will strike down the law in an effort to "vindicate the defining constitutional ideal of equal treatment under the law"

Trouble is that no where in the United States Constitution does it state that Congress or the Federal Government has the power to define marriage or the ability to enact law in any manner to it. Yet, the United States Supreme Court, the Executive Branch and the Legislative Branch of our Federal Government has done that repeatedly in violation of United States Constitution. That being said, the Tenth Amendment clearly states that all other powers are reserved to the States.

To which I'd argue that the United States Supreme Court should not even have taken the case since this issue is not within the powers of the Federal Government to rule or legislate on in the first place. At the end of the day, marriage is a personal choice and ought to remain that. In the rule of law there are means for everyone - straight or gay - to enter into contract with another in a manner that mimics marriage - contract law.

Instead of trying to define marriage why are we not putting our efforts toward removing Government from the equation of marriage and leave it a personal choice and gain back our freedoms?