Today's Civics Lesson

Senator Ron Johnson (R-WI), in today's Milwaukee Journal Sentinel, tries to show his evolution on social issues, but unintentionally highlights a fatal flaw in the "states' rights" argument... Johnson fails to understand that VOTERS DO NOT GET TO DECIDE ON U.S. CONSTITUTIONAL RIGHTS.

This whole same-sex marriage issue is mind-numbingly simple:

• Marriage is a personal and religious expression (1st Amendment).
• States can pass civil marriage laws (10th Amendment).
• Laws enacted by the state must be applied equally (14th Amendment).
• The Supremacy Clause prevents any state law from trumping federal law.
• Allowing a group to express themselves freely within the law does nothing to inhibit others' Constitutional rights.

With that in mind, marriage, as an expression, can be recognized by a state for legal purposes (not religious). If the state chooses to recognize marriage, it must be done equally where marriages exist. State laws cannot prohibit free expression or deny equal protections. Providing government recognition in no way compels individual endorsement. The law must be impartial and free from individual bias.

This issue, at its heart, has little to do with marriage or the LGBT community. It has everything to do with how our rights are treated by those who represent us. The reason for our VERY vocal advocacy is due to the reality that any attack on parts of our Constitutional rights weakens them all.

Unfortunately, even some members of Congress do not understand simple civics. Sen. Johnson isn't alone in his misunderstanding of how the law works. Sadly, he is joined by other prominent so-called Republicans like former Gov. Mike Huckabee (R-AR) and former Sen. Rick Santorum (R-PA), taking the perspective that would put civil rights issues up as a ballot initiative. If the "states' rights" mentality won the day in the mid-20th century, segregation and interracial marriage would be ballot initiatives.

Understand, the "states' rights used to deny civil rights" argument is straight from the Dixiecrats' playbook. Many of these former Dixiecrats have melded into the current GOP, forming the far-right social conservative wing, as demonstrated by former Democrat and segregationist, Sen. Strom Thurmond (R-SC), who switched to the GOP in 1964. It is the primary reason why you will hear prominent conservative Republicans spouting suspiciously Dixiecrat-leaning nonsense. 

Be wary of the Dixiecrat Republican. They are not supporting the foundation of the Republican party. These Republicans deserve just as much admonishment and education as anyone else harming our nation.

Quite simply, our Constitutional rights are not something that can go up for a popular vote.