Unconstitutional travesty: one man to decide marriage policy for 320 million Americans

Bryan Fischer
January 18, 2015

Follow me on Twitter: @BryanJFischer, on Facebook at “Focal Point”

The Supreme Court agreed on Friday to decide the issue of whether states can be compelled, against the will of the people and their elected representatives, to accept sodomy-based marriage.

Voters in 31 states went to the polls to enshrine natural marriage in their state constitutions. The legislatures in another 13 states passed laws expressly forbidding recognition of homosexual marriages.

While legislatures in a small number of states have legalized same-sex marriage in their jurisdictions, only 4.5% of the American people live in states where the people themselves, at the ballot box, have endorsed marriages based on the infamous crime against nature.

The rest of the 36 states where homosexuals can now get married have had same-sex marriage imposed on them by activist judges who have callously disenfranchised the 48 million people who voted for natural marriage at the ballot box.

Given the 4-4 ideological divide on the nine-member Supreme Court, the issue now will be decided by one black-robed activist, Anthony Kennedy, who has written the most rabidly pro-homosexual opinions in the Court’s history.

What is particularly terrible about all this is that Kennedy doesn’t have to answer to anybody for his decision. This is absolutely and tragically un-American.

This is a constitutional and democratic travesty. This is not how the republic created by the Founders was designed to settle important matters of public policy. The first words in the Constitution, after all, are not “We the Unelected, Unaccountable, Tyrannical Judges.”

The Constitution is utterly silent on the subject of marriage. This means, according to the Constitution the Founders crafted, the issue is reserved by the 9th and 10th Amendments exclusively and entirely to the States.

There’s no use appealing to the 14th Amendment, because it doesn’t say anything about marriage either. The 14th Amendment cannot possibly be used to justify homosexual marriages since homosexual conduct was a crime in every state in the Union at the time it was passed.

It is impossible to overestimate the damage that will be done to our constitutional republic if Justice Kennedy imposes homosexual marriage on the entire nation in blatant defiance of the express will of the people.

If all important decisions are to be made by what amounts to a supreme council of judicial mullahs, and ordinary citizens and their elected representatives have no say in such matters, then, as Abraham Lincoln put it, “the people will have ceased to be their own rulers.”

What is left of the Founders’ Constitution will have been ripped to shreds and left lying in tattered pieces on the floor of the Supreme Court, destroyed by those who are supposed to be its guardians.

Or to alter the metaphor, Justice Kennedy will have wielded his gavel like a sledgehammer, pulverizing into little tiny shards the little bit that is left of our constitutional foundation. And regardless of the decision Kennedy makes, the mere fact that one man is even in a position to do this is a tragedy all of its own.

May God have mercy on the United States.

(Unless otherwise noted, the opinions expressed are the author’s and do not necessarily reflect the views of the American Family Association or American Family Radio.)

Bryan Fischer is the host of the daily ‘Focal Point’ radio talk program on AFR Talk, a division of the American Family Association. ‘Focal Point’ airs live from 1-3 pm Central Time, and is also simulcast on the AFA Channel, which can be seen on the Sky Angel network.

© Copyright 2015 by Bryan Fischer
http://www.renewamerica.com/columns/fischer/150118

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About arnash

“When you find yourself on the side of the majority, it’s time to pause and reflect.” - Mark Twain - Politicians and diapers - change 'em often, for the same reason. "Government is like a baby. An alimentary canal with a big appetite at one end and no sense of responsibility at the other." Ronald Reagan "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley, Jr. “The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt.” - Bertrand Russell The people are the masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert it. Abraham Lincoln “Good people sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.” - George Orwell “Satan will use a lake of truth to hide a pint of poison”.
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