RUSH: This next story has a one-word reaction, one word analysis, and that is: dictatorship. "The Labor Department announced Wednesday that federal laws governing private employee pension and related benefit plans will be interpreted to recognize all legal marriages of same-sex couples, regardless of where the couple is living currently." This means that the Obama administration is now going to recognize all same-sex married couples, regardless of state law.
They're gonna do this under the private pension plan law.
"The decision to utilize a 'place of celebration' rule," that's what it's called, "rather than a 'place of domicile' rule follows the lead set by the Treasury Department in recognizing marriages for purposes of the tax code so long as they were legal in the state where the marriage was granted. In part, the guidance issued by the Labor Department about Secretary Thomas Perez's interpretation of the Employee Retirement Income Security Act of 1974 (ERISA) and related regulations on Wednesday states:
"'Following consultation with the Department of Justice, the Department of the Treasury and other appropriate federal executive agencies," ahem, "the Department of Labor (Department) is issuing this Technical Release to provide guidance to employee benefit plans, plan sponsors, plan fiduciaries, and plan participants and beneficiaries on the meaning of 'spouse' and 'marriage' as these terms appear in the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code that the Department interprets.'
"Specifically, the guidance explains: 'In general … the term 'spouse' will be read to refer to any individuals who are lawfully married under any state law, including individuals married to a person of the same sex who were legally married in a state that recognizes such marriages.
RUSH: So basically what's happened here is that via pension plans, the Labor Department, the Obama administration, has found a way to recognize same-sex marriage in every state. This is dictatorship. Just last June, the Supreme Court throws out part of the Defense of Marriage Act. The federal bureaucracy expands on the ruling, as Perez at Labor has now down, and there's gonna be a lot more done -- and the public has no say in any of this. The courts and the bureaucracy are off and running.
Voting doesn't matter; Congress doesn't matter; the states don't matter.
Whatever the federal government wants to do, they're gonna find some nook-and-cranny way of getting it done. Folks, "dictatorship" is the natural reaction anybody would have to this.
RUSH: Okay, so you say, "How can they do this? How can they do this?" Well, here's the route -- and it's, as I said, the "guidance," and that means the order, from the Labor Department to recognize all same-sex marriages nationally. "The guidance is part of the [Obama administration's] response to the Supreme Court's June ruling striking down the Defense of Marriage Act's ban on recognizing same-sex couples' marriages." You remember that, maybe.
The Supreme Court struck down the Defense of Marriage Act ban on recognizing same-sex couples' marriages. It was greeted with great celebration. So, the Supreme Court throws out that part of the Defense of Marriage Act. Now the federal bureaucracy expands on the Supreme Court ruling, without Congress involved, without the American people voting. The labor secretary, Mr. Perez, simply says (paraphrased), "Okay, well, so Supreme Court struck down DOMA.
"We're just gonna expand it now, to have it include what we want it to include." So you have no say. The courts and the bureaucracy are off and running. There are no checks and balances here. Voting doesn't matter, Congress doesn't matter, the states don't matter. The states that have refused to recognize same-sex marriage have just been aced here, is what this means, because the federal government trumps all. The federal government has just found what they think is a loophole via the pension, private pension plan law that permits them the right to do this.
Now, you're not gonna see this.
This is not a big story somewhere.
You're not gonna have a whole lot of noise about this. There might not be any. I had to dig deep just to find this thing. It's not prominent. It's not the kind of thing that would be. Because the Drive-Bys, while they're privately going, "All right, all right!" and everybody on the left is going, "All right!" and celebrating, they know not to make a big deal about it. At least they haven't yet. I won't be surprised if they don't, but they so want to.
Oh, folks, they would love to gloat about this, because they don't look at this as dictatorship. They look at this as a moral crusade, and anything, anything that's moral, why, you can overcome evil any way you have to -- and we, of course, are the evil. So there are no rules, because they are good, they are just, and whatever they want must happen. It doesn't matter that a Constitution is in the way. That doesn't matter!
Nothing's off the table when it comes to establishing their view of morality.