A decision by the California Supreme Court to declare unconstitutional any ban on gay “marriage” is sending shock waves across the nation. The 4-3 decision announced Thursday not only legalizes gay “marriage” in the largest state in America, but it also overturns both the referendum of the people and the representatives of the people.
The only way the California Supreme Court could override the people is by saying that gay “marriage” is a natural right. But nowhere do we see this in the federal or state Constitutions. While the founders of this country wrote in the Declaration of Independence, “We hold these truths to be self-evident that all men were created equal and endowed by their Creator with certain unalienable rights,” they never would have intended or imagined that those noble words would be used to support something like gay “marriage.”
In essence, these judges have created a new right out of thin air. Now, they base this decision, in part, on a precedent of the case in California declaring the ban on interracial marriage unconstitutional.
But over the centuries in Western civilization, public policy has recognized the vital role of the family—that the heterosexual family needed to be protected and defended in the law, because it provided crucial benefits for the well-being of society and family. That is different than a question of civil rights. Marriage always, everywhere until recent years, has been protected for the good of the state and the families.
Now, the problem is that the people of California cannot overturn this decision. Even an amendment to the California constitution will not help now. It all boils down to this: the need for a federal constitutional amendment—and soon, before other states start doing the same thing.
Well, there is at least one silver lining to this very dark cloud: Politicians can no longer hide behind the argument that we ought to leave this issue to the states.
A few years ago, members of my church sent 1,600 communications to Congress. Most of the congressmen answered by saying that they were against gay “marriage,” but they wanted the states to do it.
As a matter of fact, I talked to Sen. John McCain (R-Ariz.) before the last vote in the Senate, who told me he was against gay “marriage.” But as a federalist, he thought the issue should be left to the states.
Florida Sen. Bill Nelson (D) told me very much the same thing, but said that if the states could not stop it, then he would consider a constitutional amendment. Well, we have just seen the largest state defy the overwhelming majority of public opinion and legalize gay “marriage”—and others will follow.
If these men and women are really against gay “marriage,” as they say, this is the time to put up—to take the only course of action possible to stop it, which is a constitutional amendment. There are no other options.
I guess I am not surprised by what happened in California. I have seen judges out of control for years. What I cannot fathom is how they would do it under the guise of natural rights. If the democratic process means anything, it means the consent of the governed. We cannot let the courts do this, or we do not have a democracy.
So get busy, and start talking to these candidates. I know it is tough; I know we lost some pro-family members in the last election. But we have got to make this effort now. And in all likelihood, one of three candidates is going to be the next president of the United States.
I don’t ever make partisan endorsements. But Christians, I believe, will be watching closely what these three candidates and others running for the House and Senate say about this issue.
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From BreakPoint®, May 16, 2008, Copyright 2008, Prison Fellowship Ministries. Reprinted with the permission of Prison Fellowship Ministries. All rights reserved. May not be reproduced or distributed without the express written permission of Prison Fellowship Ministries. “BreakPoint®” and “Prison Fellowship Ministries®” are registered trademarks of Prison Fellowship
Comments
You know what? It's quite ridiculous that people are wholeheartedly believing a 2000 year old novel. As a matter of fact, my grandma, who can't even speak english, can write better folklores and fairytales. Now, a bunch of religous nutjobs are denying certain portion of the populace civil rights as a result of a stupid novel written by a tone-deaf arrogant
I see no reason to not let the homosexuals have a whack at marriage. They can not possibly desecrate the institution more than heterosexuals have already done. I do not know of any Christian church where over half the congregation is not divorced and remarried. The lives of the big name preachers would make soap opera characters blush and gullible people just keep sending them money. The homosexuals are probably less than 10% of the population. It is the other 90% that are having children with multiple partners like scrambled eggs. Most children are growing up in a home with a mother and father, but most likely it is someone else's father. Almost every wedding announcement in my hometown newspaper mentions more than two parents for both the bride and groom. Marriage was intended to be between one man and one woman, but no church on this earth has upheld that standard. No one has any credibility in condemning any homosexuals who want to marry. They can marry and live in peace as far as I am concerned!
jar: Everyone that has ever said "we are in the last days" has been wrong - what makes you think you are right? Is it the high price of oil and other energy woes, the over-populating of the world or is it really same-sex marriage that makes you think that? So slavery wasn't enough, underage marriage wasn't enough, the astronomical rate of divorce amongst "Christians" wasn't enough but gay marriage, that's what will do it? Give me a break.
We are in the last days. None of this should be surprising..... The wheat from the chaff.... Do not despair for God will not be mocked. The Truth is... we are to be in the world not of the world. If this is how the world chooses to exist let them be..... we get so caught up.. home school your children, send them to Christian schools and raise them up in Gods Word.... let us begin that great and final commission and may God have mercy on us all.
The last thing my beloved country needs to do is amend our Constitution to normalize and legitimize homophobia. Since homophobia is a sin, we should not be indoctriniating people into that lifestyle in the first place, let alone enshrine it in our Constitution!
What was conveniently left out of this column was that the California Legislature has passed measures TWICE to overrule the ban on gay marriage. The Governor vetoed the measures both times. Moreover, in my State of California, the opinion for and against gay marriage is split nearly evenly.
The judges are doing their job. The judicial branch of government is set up to decide whether or not laws and ballot measures are constitutional. That is their job. They only are called "activist judges" when anti-gay activists are upset, because the judges do not uphold homophobia as a legitimate reason to deny civil rights.
In Brown v. Board of Education, for example, the majority at that time felt that segregation of schools was the right thing. Had they been able to vote on it, they most certainly would have overwhelmingly voted to keep it in place. The judges determined it was not right and ended it. They did their job. It does not matter if the majority felt they were unfair judges or not, their job is to protect unpopular minorities against the tyranny of the majority.
The Supreme Court judges in California did their job and as a gay taxpaying Californian, I thank them for doing the moral thing. It took guts and courage. And no matter how many times people vote to take away our civil rights, we will fight it until we win, if it takes 100 years. Time is on OUR side. We shall overcome.