Kevin Craig for Congress: Obergefell v. Hodges

Friday, June 26, 2015

Obergefell v. Hodges

Today the U.S. Supreme Court ruled that ham has a constitutional right to be kosher.
Any business that refuses to confess that ham is kosher can now be shut down by the government, and the owner will lose everything she has worked for her entire life.

Every single person who signed the Declaration of Independence and the Constitution, and every single person who was present in the state Constitutional ratifying conventions, believed that homosexuality was contrary to "the Laws of Nature and of Nature's God." No agency of the federal government should say that two men can be "married." No state government or agency should be compelled by the Federal Government to confess that a homosexual relationship is a "marriage."

In centuries of Anglo-American common law history, up until 2003, courts have unanimously acknowledged that marriage is an institution created by God, not by government. In 1913, the Texas Supreme Court reflected the views of the Founding Fathers when it declared: "Marriage was not originated by human law."

Marriage was created by God.

Choosing the Path of Coercion
The Court could have ruled that every federal agency is free to acknowledge as "married" anyone who claims to be "married" even without any license from any state to that effect. This would have been a "libertarian" solution to the conflict. Instead, the Court decided to use coercion to compel states to confess that two men can be "married," contrary to the democratic will of the People expressed through referenda and legislatures, contrary to "the Laws of Nature and of Nature's God," and contrary to the Constitution, which without doubt by any sane and educated person, did not give the U.S. Supreme Court authority to compel states to confess that two men can be "married."

I admit I have not yet read the Court's full opinion:

http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

Nor have I read Justice Scalia's dissent:

Scalia burns the Supreme Court as a group of ‘unrepresentative’ elitists in gay marriage ruling - The Washington Post

I'll probably enjoy the latter more than the former.
Here are a few notable quotes from the Court Syllabus:

"A third basis for protecting the right to marry is that it safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education. See, e.g., Pierce v. Society of Sisters, 268 U. S. 510. Without the recognition, stability, and predictability marriage offers, children suffer the stigma of knowing their families are somehow lesser. They also suffer the significant material costs of being raised by unmarried parents, relegated to a more difficult and uncertain family life. The marriage laws at issue thus harm and humiliate the children of same-sex couples." p.3

The Court claims that a cultural revolution has occurred, such that same-sex "marriage" is now recognized culturally, and the Court should give its imprimatur to the new cultural consensus. But here the Court says that unless it compels states to legally bless popular trends, children hijacked into same-sex "marriages" will suffer a "stigma." This is contradictory. The Court has already said that people don't think this way any more. That's how people thought back when America was a Christian nation. The Court is actually trying to compel a cultural consensus.

"The fundamental liberties protected by the Fourteenth Amendment’s Due Process Clause extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs." p.2

" the right to personal choice regarding marriage is inherent in the concept of individual autonomy." p.3

Marriage is not about "personal" or "individual autonomy."
Marriage is not about love.
Marriage is not about sex.

Is Marriage about Love? | Stand to Reason

Marriage is about God' creating human beings "male and female," as Jesus said (Matthew 19).
Marriage is about commitment to God's order.

"The Fourteenth Amendment requires States to recognize same sex marriages validly performed out of State. Since same-sex couples may now exercise the fundamental right to marry in all States, there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character. Pp. 27–28."

Not a single person alive in America when the 14th Amendment was proposed, debated and allegedly ratified, believed that the 14th Amendment conferred or was intended to confer upon the federal judiciary the authority to order states to repudiate God's institution of Marriage.