We have been taught wrongly that the SCOTUS has the final say in all matters of law. So, when they decided that state laws prohibiting sodomite unions were unconstitutional, many thought that was the end. There was nothing else that could be done about sodomite unions; we just have to live with this new definition of marriage.
As I have outlined, this is not the case. In fact, it is quite the opposite. The SCOTUS should never have heard the issue in the first place, much less adjudicated it. And there is one judge who has defied the ruling and upheld the law.
Because of Puerto Rico’s ambiguous political status vis-à-vis the United States, a federal judge in Puerto Rico ruled Tuesday that the Supreme Court’s decision to impose gay marriage doesn’t apply on the island, which is a commonwealth with a unique constitutional status.
Federal District Judge Juan Perez-Gimenez based his ruling on the contention that the Constitution’s FOURTEENTH AMENDMENT does not apply to Puerto Rico, which allowed him to uphold the commonwealth’s ban on same-sex marriage.
Being that Puerto Rico is not a state, the judge says that it is exempt from the ruling. He has stated that there is no reason for Puerto Rico to assume that this ruling applies to their laws. This stance should be taken by all the states.
Judge Juan used the unclear status of Puerto Rico to block the ruling.
In his ten-page opinion, Perez-Gimenez said that the Supreme Court’s decision last June in Obergefell v. Hodges was based on that amendment alone, and a series of century-old Supreme Court rulings put the island outside of that provision.
“One might be tempted to assume that the constant reference made to the ‘States’ in Obergefell includes the Commonwealth of Puerto Rico,” Perez-Gimenez wrote in his decision. “Yet, it is not the role of this court to venture into such an interpretation.”
Now it seems that it is on the SCOTUS to prove that they actually have jurisdiction over Puerto Rico. They will have to do this without reference to the Constitution, which is absent of any such notion.