It concerns me greatly when I hear Christians and Conservatives say, “Homosexual marriage is the law of the land.” They have given up. They have thrown in the towel. They are handing the homosexual and lesbian lobby a victory that they do not deserve.
Homosexual marriage is NOT the “law of the land.” The Congress has passed no law legalizing it. The Constitution has not been amended to allow this perversion of marriage. ONE Supreme Court Justice decided the issue for 50 states and 300 million Americans.
“Wait a minute!” you say. “Didn't five Justices vote for this?” That's correct. It was as close as it gets with the Supremes - a 5-4 decision. My point is that any one of the five evil people who voted to override the Bible and thousands of years of civilization could have stopped this travesty. Every one of the five thought they knew better than God. And any one of them could have repented of their arrogance and done the right thing.
Which brings us to an important point. Did the Supreme Court even have the authority to rule on this issue? The Constitution clearly delineates the rights of the Federal Government. These are called the “enumerated rights” or the “delegated rights.” This is a very short list of areas where the Federal government has final say. The Tenth Amendment to the Constitution states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
In 1996 Bill Clinton signed the federal “Defense of Marriage Act” (DOMA) into federal law. It defined marriage for federal purposes as the union of one man and one woman, and allowed states to refuse to recognize same-sex marriages granted under the laws of other states. DOMA was passed by both Houses of Congress with large percentages of both Democrats and Republicans voting to create a veto-proof majority.
DOMA was enacted in response to attempts by homosexuals to legalize same-sex "marriages" on a state-by-state basis. Constitutionalists from both parties feared a “creeping effect” – homosexuals and lesbians would get “married” in one state, then move to other states and demand that their “marriages” be recognized.
Intelligent observers of the political process realized that DOMA would not be the ultimate answer to the problem of homosexual unions. And indeed, the Supremes struck down the key provision of DOMA in 2013, effectively neutralizing the Act. Conservatives knew the fight needed to be waged in the states, since control of marriage is not one of the powers entrusted to the federal government, and therefore the Tenth Amendment leaves that to the states to regulate.
And regulate it they did. Only a handful of states passed laws specifically allowing homosexual “marriages”. Thirty-one states passed constitutional amendments or laws prohibiting these unnatural unions. Even California, traditionally a very Liberal state, passed Proposition 8 which defined marriage the way God defined it in the Bible – as only between one man and one woman.
So the will of the American people (as expressed in many state referendums and in their election of lawmakers who support traditional marriage) and the majority of the states (which under the US Constitution have the sole authority over marriage contracts) was trampled upon and overturned by one Supreme Court justice. Since the homosexuals couldn’t win in the states, they turned to the federal government to give them what they could not get legally.
So what happens now? Do we give up, as many have, and say, “It’s the law of the land, so we can’t do anything about it.”?
No. We continue to fight, because if we do not America will go the way of Rome. We will descend into an abyss in which there is no morality, in which anything goes. As I have said before, homosexual marriage will lead to other perversions being legalized. Once marriage is no longer a union between one man and one woman, there is nothing to prevent plural “marriages”. From there it is only a short step to “marriages” between men and children. NAMBLA (the North American Man/Boy Love Association) has long advocated for the legalization of pedophilia and abolishment of the age of consent. It enjoys the support of many in the homosexual community.
How can we fight? First, follow the advice of John Jay, the first Chief Justice of the US Supreme Court: “God has given to our people the choice of their rulers, and it is the duty, as well as the privilege and interest of our Christian nation to select and prefer Christians for their rulers.” If you can’t find a Christian to vote for, vote for a moral person.
Second, support organizations like the Family Research Council that advocate for traditional marriage and expose the dangers to society of homosexual “marriage.”
Finally, encourage your representatives to use their authority. Don’t believe the lie that our government is composed of three “co-equal” branches of government. You will find no such concept in the Constitution. Yes, the Constitution established three branches of government that provide checks and balances to prevent the abuse of power (such as the Supreme Court’s decision to legalize homosexual “marriage”).
Instead of listening to loud-mouthed Liberals (and some uneducated Conservatives) telling you that the three branches were intended to be equal in power, try doing some study and research. If you take the time to read the Constitution, the Federalist Papers, and other writings and speeches of the Founding Fathers, one fact will become clear very quickly: the Founders intended that Congress be the strongest branch of government.
Congress has the authority (and the power) under the Constitution to instruct the Supreme Court regarding the types of cases they may or may not hear. This is called Jurisdiction Stripping or Curtailment of Jurisdiction. See the two articles below on “Jurisdiction Stripping” for more information on Congress’ authority in this area.
Keep these statements by the US Supreme Court itself in mind as you consider this vital subject:
In 1869 the Justices acknowledged the authority of Congress to intervene: “We are not at liberty to inquire into the motives of the legislature. We can only examine into its power under the Constitution; and the power to make exceptions to the appellate jurisdiction of this court is given by express words...It is quite clear, therefore, that this court cannot proceed to pronounce judgment in this case, for it has no longer jurisdiction of the appeal.”
In 1882, the Supreme Court again conceded that its own “actual jurisdiction is confined within such limits as Congress sees fit to describe.”
In 1948, Supreme Court Justice Felix Frankfurter conceded: “Congress need not give this Court any appellate power; it may withdraw appellate jurisdiction once conferred.”
So appeals to the US Supreme Court are not a universal right for every legal case. If a matter is one that constitutionally should be handled by the states, then appeals of that matter should go no further than the state’s Supreme Court. And Congress has the power to determine jurisdiction.
Consider this. If the Framers of the Constitution intended for each of the three branches to be checked by another if a branch overreached, which branch has the power to check the judiciary? Obviously, only Congress can fulfill this role.
Judicial Tyranny is almost as dangerous as Obama’s Executive Order Tyranny. Both the Supreme Court and Obama are creating legislation, instead of interpreting the law (as the Court is mandated to do) and enforcing it (as the Executive Branch is supposed to do). Between them, they are making the elected lawmakers in Congress increasingly irrelevant. Americans need to take back control of their government, while we still have an America. If we fail to do so, we will deserve the tyranny that will overtake us.
Gutenberg on Jurisdiction Stripping
61% of Americans to Supremes: “Don’t Force Gay Marriage on the States”
Ten Arguments from Social Science against Same-Sex Marriage(Family Research Council)
North American Man/Boy Love Association website