In today’s Washington Post, Ralph Reed states:
Look, if the Supreme Court does with marriage what it did on abortion, which is to impose the laws of New York and Massachusetts and impose them on the rest of the country by judicial fiat, it will make this issue more divisive and contentious, not less so.
Reed makes the often-made mistake by conservatives of assigning powers to the Supreme Court that it doesn’t possess.
The Supreme Court didn’t “impose” any laws on any states since the judiciary possesses no lawmaking powers. Individual sovereign states merely treated a toothless, unconstitutional, immoral court opinion as if it were actual law. In other words, individual sovereign states ceded lawmaking power and authority to the court, which the court never possessed in the first place. (As Romney did when he falsely asserted the court forced him to sign into law $50 co-pay abortions and pass out marriage licenses to same-sex couples in Massachusetts).
This is what I believe Christian and conservative leaders should be proactively saying now in anticipation of the Court’s likely ruling that barring same-sex “marriage” is unconstitutional:
If the Supreme Court rules the exclusivity of male-female marriage to be unconstitutional, they will have issued an anti-Constitutional, illegal, immoral, and legally null and void administrative opinion (as Roe v Wade was) that each individual sovereign state has the Constitutional and moral obligation to ignore since any law or court opinion contrary to God’s Divinely Revealed Law is no law at all and since the judiciary possesses no lawmaking authority. As President Lincoln once famously said, ‘..if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased, to be their own rulers, having, to that extent, practically resigned their government, into the hands of that eminent tribunal.’ May that not be the case in our nation.
When conservatives perpetuate toxic liberal lies by ceding their illogical, specious, and faulty premises and pre-suppositions (in this case that court opinions become the “law of the land” the moment they are issued), we always lose…
Photo Credit: Laura Padgett (Creative Commons)