THE SCOTUS GAY MARRIAGE DECISION
By Chuck Baldwin
July 2, 2015
By now, everyone on the planet knows that the Supreme Court of the United States (SCOTUS) has rendered a decision to legalize same-sex marriage nationwide. In a landmark 5-4 decision, Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor, Stephen Breyer, and Elena Kagan ruled that states may not prohibit homosexual couples from getting “married.” The reasoning of their decision was based on the 14th Amendment’s “Due Process” clause.
Writing for the majority, Justice Kennedy said, “Under the Due Process Clause of the Fourteenth Amendment, no State shall ‘deprive any person of life, liberty, or property, without due process of law.’ The fundamental liberties protected by this Clause include most of the rights enumerated in the Bill of Rights.”
Obviously, there is nothing in the Bill of Rights specifically about the right of homosexuals to “marry.” But there is something in the Bill of Rights specifically about the right to keep and bear arms. Using the reasoning and conclusion of the Court’s homosexual “marriage” ruling, states have absolutely no authority to deny recognition of concealed carry permits that have been issued in other states. In other words, if the 14th Amendment protects an unspecified right (same-sex “marriage”), it certainly protects a specified right (the right to keep and bear arms). And since some states recognize the right of citizens to openly carry firearms, this right should also be determined to be protected by the 14th Amendment. If states must recognize driver’s licenses (and now same-sex “marriage” licenses) issued in other states, it is now clear that they must also be required to recognize concealed weapon licenses issued in other states.
It should be obvious to any objective person that by providing 14th Amendment protection to homosexual “marriage,” SCOTUS has banned most gun control laws throughout the country. However, I seriously doubt that the five justices passing the same-sex “marriage” decision had gun control in mind. Nevertheless, that shouldn’t stop gun rights activists from taking advantage of the SCOTUS decision.
Many libertarian jurists are lauding the SCOTUS same-sex decision as a victory for the right of individuals to enter into contracts with one another. But marriage is more than a “contract.” It is an institution--an institution created by GOD. No human authority can redefine what our Creator has already defined in both revealed and Natural Law. Forevermore, true marriage can only be between a man and a woman--a SCOTUS decision notwithstanding.
Senator Rand Paul wisely noted, “While I disagree with Supreme Court’s redefinition of marriage, I believe that all Americans have the right to contract.
“The Constitution is silent on the question of marriage because marriage has always been a local issue. Our founding fathers went to the local courthouse to be married, not to Washington, D.C.
“I’ve often said I don’t want my guns or my marriage registered in Washington.
“Those who disagree with the recent Supreme Court ruling argue that the court should not overturn the will of legislative majorities. Those who favor the Supreme Court ruling argue that the 14th Amendment protects rights from legislative majorities.
“Do consenting adults have a right to contract with other consenting adults? Supporters of the Supreme Court’s decision argue yes but they argue no when it comes to economic liberties, like contracts regarding wages.
“It seems some rights are more equal than others.
“Marriage, though a contract, is also more than just a simple contract.
“I acknowledge the right to contract in all economic and personal spheres, but that doesn’t mean there isn’t a danger that a government that involves itself in every nook and cranny of our lives won’t now enforce definitions that conflict with sincerely felt religious convictions of others.
“Some have argued that the Supreme Court’s ruling will now involve the police power of the state in churches, church schools, church hospitals.
“This may well become the next step, and I for one will stand ready to resist any intrusion of government into the religious sphere.
“Justice Clarence Thomas is correct in his dissent when he says: ‘In the American legal tradition, liberty has long been understood as individual freedom from governmental action, not as a right to a particular governmental entitlement.’
“The government should not prevent people from making contracts but that does not mean that the government must confer a special imprimatur upon a new definition of marriage.
“Perhaps the time has come to examine whether or not governmental recognition of marriage is a good idea, for either party.”
Note that Dr. Paul correctly recognized that the SCOTUS attempted to render a “redefinition” of marriage. That it did.
Since the beginning of human history (not to mention Western Civilization) marriage has been recognized as being between a man and a woman. Again, marriage is much more than a civil contract.
As I have noted several times, the right of civil contracts includes the right of homosexuals to enter into civil unions. But marriage is NOT a civil union. Nor is it merely a civil contract. In fact, real marriage is NOT a civil matter at all. It is a spiritual matter. Civil governments can recognize or not recognize all they want; it doesn’t change the definition of marriage one iota. Civil governments can no more redefine marriage than they can redefine worship or prayer. Marriage is a divine institution. Therefore, it is completely outside the scope and jurisdiction of SCOTUS or any other civil authority.
The problem is that many years ago the Church decided to allow civil government licensing authority over marriage. When they did this, they absconded divine authority over marriage and reduced it into nothing more than just another government-sanctioned civil contract. Now the chickens have come home to roost.
The problem is not SCOTUS; the problem is the CHURCH.
Rand Paul is right: “Perhaps the time has come to examine whether or not governmental recognition of marriage is a good idea, for either party.”
So far, the only State to have the correct response to the SCOTUS decision is the State of Alabama, led by my friend Alabama Supreme Court Chief Justice Roy Moore. The State of Alabama is encouraging county courthouses to not issue ANY marriage licenses. And this is exactly what many Alabama counties are doing. This strategy should be replicated by all fifty states and the counties within those states.
Furthermore, pastors across the country should stop performing ALL marriages that are licensed by the State. In other words, the Church should do what it did for some 1,800+ years of Church history: keep the State out of the marriage business.
But all of that doesn’t change the intention of the Court decision and the agenda of the radical secularists who are the impetus behind the decision and their attempt to expunge all semblances of Christianity (and morality) from America’s public life.
In the majority decision, Justice Kennedy attempted to throw people of faith a bone by stating, “Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered.”
However, notice that Kennedy said that religious people may “advocate” for traditional marriage, but he said nothing about non-compliance. What will happen to those pastors and churches that refuse to “marry” same-sex couples? If you think for one minute that radical homosexuals are going to be content with a Supreme Court decision that doesn’t have enforcement power, you are very mistaken.
Already, allies of the militant homosexual agenda are promoting public censorship and the loss of tax exempt status for those churches that refuse to submit to the Supreme Court decision.
My friend Cal Thomas got it right: “Given their political clout and antipathy to Christian doctrines, some gay activists are likely to go after the tax-exempt status of Christian colleges that prohibit cohabitation of unmarried students, or openly homosexual ones, as well as churches that refuse to marry them. As with legal challenges to the owners of bakeries that have been in the news for refusing to bake a cake for same-sex weddings, activists who demand total conformity to their agenda will seek to put out of business and silence anyone who believes differently.”
See Cal’s column: You've Been Warned, America, Gay Marriage Is Just The Beginning
Cal is exactly right. The purge has already begun.
“CNN Senior Legal Analyst Jeffrey Toobin said that it wasn’t legal ‘to talk about gay people the way Justice Scalia used to talk about gay people’ while recounting Scalia’s prior dissent in Lawrence v. Texas on Friday’s ‘CNN Newsroom.’”
Again, this is from CNN’s SENIOR LEGAL ANALYST. “Beam me up, Mr. Speaker.” Anti-Christian purgers are already advocating the cancellation of the right of free speech in the wake of the SCOTUS decision.
Look at this: “A newspaper in Harrisburg, PA has announced henceforth it intends to censor certain views about marriage deemed no better than racism, sexism, anti-Semitism.
“John L. Micek, editorial page editor and formerly state capital reporter, made the announcement shortly after the Supreme Court handed down its imposition of gay marriage on the county. Micek wrote:
“‘As a result of Friday’s ruling, PennLive/The Patriot-News will no longer accept, nor will it print, op-Eds and letters to the editor in opposition to same sex marriage.’ In a Tweet later in the day, Micek doubled down, ‘This is not hard: We would not print racist, sexist, or anti-Semitic letters. To that we add homophobic ones. Pretty simple.’”
Here is the report: Pennsylvania Newspaper Censors All Dissent On Same-sex Marriage
You can take this to the bank: there will be hundreds of local and State laws reflecting the SCOTUS decision and hundreds of lawsuits forthcoming against people who seek to live by their religious convictions to not directly participate in homosexual “marriages.” And that means there will be hundreds of court decisions ruling in favor of the plaintiffs, hundreds of arrest warrants, civil fines, prison sentences, etc. Anyone who doesn’t see this coming is blind.
Then there is this column written by Mark Oppenheimer who writes for America’s flagship newspaper, The New York Times, calling for the elimination of tax-exempt status for churches on the heels of the SCOTUS gay “marriage” decision.
See Mark’s column: Now’s The Time To End Tax Exemptions For Religious Institutions
You can mark it down: his will not be the last such call.
So, this begs the question, what will all of these Romans 13 “obey-the-government-no-matter-what” preachers do now? When they are told by the IRS and local civil authorities to “marry” homosexuals or lose their tax exemption--or maybe even go to jail--what will they do?
All of this goes back to what I’ve been saying for years: the Church is to blame for this mess. Pastors are to blame for this mess.
For decades, pastors and churches allowed the state to supplant the authority of Christ over them. They volunteered to become creatures of the state by submitting to the IRS 501c3 non-profit, tax-exempt status. By doing so, they forfeited their independence and autonomy (not to mention their spiritual identity and authority) and became nothing more than a state-created non-profit organization. Again, now the chickens are coming home to roost.
Actually, I think it’s time for pastors and churches to decide once and for all to whom they belong and what they are. And if that means losing their precious tax-exempt status, SO BE IT.
For the sake of tax exemption, pastors and churches have stayed mostly silent on virtually every evil contrivance of civil government under the sun. Most of them said nothing when SCOTUS expunged prayer and Bible reading from our schools; most of them said nothing when the Gun Control Act of 1968 (which is almost copied word for word from Adolf Hitler’s gun control act) was passed; most of them said nothing when SCOTUS legalized the murder of unborn babies; most of them said nothing with the Patriot Act, Military Commissions Act, indefinite detention of American citizens under NDAA was passed, and just recently, when the Republican Congress collaborated with Barack Obama to cast America’s national sovereignty upon the altar of international “free trade” deals. For the sake of tax exemption, the vast, vast majority of today’s pastors and churches are totally silent about almost EVERYTHING.
So, what will America’s pastors and churches do now? What will they do when they must choose between “marrying” same-sex couples and losing tax exemption? If their track record is any indicator, we know what most of them will do: THEY WILL SUBMIT TO CAESAR.
Plus, the SCOTUS decision opens the door for a host of other possibilities. If every consenting adult has an absolute right to enter into civil contracts, how can a State prohibit polygamy? In his dissenting opinion, Chief Justice Roberts said that the Court’s decision to legalize same-sex “marriage” made the future legalization of polygamy inevitable. Where does it end?
Popular radio talk show host Rush Limbaugh agrees with Justice Roberts. Read Rush’s analysis: Here's What's Next For Marriages
And if a State must recognize polygamous “marriages,” what’s next? Where will it end?
And there is one more thing that almost no one is willing to talk about: what is at stake here is the national acceptance of sexual perversion. The SCOTUS decision lends national approbation to an act that our Creator has condemned with the strongest language. (See Romans chapter one.) It has lent national approbation to an act that Western Civilization has always (rightly) regarded as deviant.
Understand this: once any society universally embraces and promotes the sodomite lifestyle, there is no going back. One cannot find a single civilization in history that has survived once homosexuality has become a driving, dominant force over it. It is both a divine and Natural Law. There is a huge difference between recognizing the civil rights of individuals to live immorally (that is a personal matter between the individual and God) and forcing society as a whole to grant societal acceptance and recognition to the immoral act. To quote Rand Paul again: “The government should not prevent people from making contracts but that does not mean that the government must confer a special imprimatur upon a new definition of marriage.” Yet, that is exactly what the Supreme Court has done.
But, once again, the fault is the Church. The Church has refused to be the moral leader of the country. Things like homosexuality are too “controversial” for most pulpits. It is a forbidden subject. And too many churches that have been willing to address the issue have done so with such a lack of love and compassion as to do more harm than good. To not speak the truth is bad; to not speak the truth in love is worse.
And dare I say that many of our Christian churches, schools, colleges, and universities have become breeding grounds for homosexual behavior. The absence of male leadership is epidemic in the Church--and in the home, for that matter. And by leadership, I do not mean dictatorship. But true, godly, strong, kind, loving male leadership has eroded significantly from twentieth, and now twenty-first, century churches.
The Church is the moral rudder of a nation. The SCOTUS decision to legalize same-sex “marriage” is the result of the Church abandoning its moral leadership. The Church surrendered its spiritual and moral authority to the state. Why should it now be surprised when the state chooses to not recognize a moral authority that the Church, itself, refuses to recognize?
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