The long anticipated U.S. Supreme Court ruling, coercively imposing a judicially created same-sex “marriage” (SSM) regime on the good citizens of all 50 states, portends far-reaching and truly ominous implications for our democratic republic. Amidst the morally hollow fanfare of rainbow illuminations and banners, most of these cold-hard realities were either ignored or under-reported. Tragically, the primary victim of the high court’s divisive decision is the Constitution itself (shredded) and with it the rule of law (undermined). In this era of growing moral and legal anarchy, some are asking, “Is the American experiment over?”
Justice Kennedy, joined by Breyer, Ginsberg, Kagan, and Sotomayor, threw the legal equivalent of jet fuel on the already red-hot glowing embers of intolerant anti-Christian sentiments. In doing so, they cemented the specious cultural narrative that, according to the “thinking” of secular-progressive elites, individuals opposing marriage’s radical redefinition, especially Christians, are no better morally speaking than purveyors of Jim Crow or rabid Clansmen—enemies of humanity and enemies of the state. Whether or not this devilish propaganda is actually true is irrelevant to our enlightened neo-high priests and priestesses. As such, now that our statist black-robed “gods” have spoken, our fellow citizens have “official” permission to tar Bible believers as unenlightened, homophobic bigots.
Righteously angry and powerful dissenting opinions were authored by Chief Justice John Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito. As the four dissenting justices point out, the Obergefell v. Hodges decision will likely prove to be at least as nationally divisive as Roe v. Wade, and signal a clear and present danger to our democratic republic and the bedrock American principle of religious freedom. The following points raised by the dissenters are important to understand going forward:
- Democracy Denied: The votes of millions of Americans desiring to retain the one-man, one-woman definition of marriage, which has successfully served humanity for millennia, were judicially nullified in a shameless illegal power grab by the purportedly superior, enlightened, statist, and decidedly elitist whims of five lawyers. This gang-of-five acted alone, apparently knowing better than the rest of us what is collectively good for all of us—whether we like it or not! Liberal passions and libertinism aside, it is common sense, and supported by the best research, that kids do best with a mom and a dad; neither is fungible. And yet, as Justice Scalia pointed out, the inherent authority we have possessed since 1776, the right of “we the people” to govern ourselves has been subverted and destroyed by a black-robed oligarchy, irresponsibly acting as super-legislators, imposing their hyper-progressive version of reality on all. To observe that this action is profoundly repugnant to American ideals is an awesome understatement. Tyranny, even in the form of lofty sounding legalese, remains tyranny and must always be opposed by a free people.
- Liberty Libeled: As Justice Thomas pointed out, throughout our history liberty has meant freedom from government interference, not entitlement to a government benefit nor a lawless libertinism. As such, the Kennedy clan further misinterpreted and perverted the 14th Amendment’s conception of liberty to serve the result they were seeking. Apparently when you are making constitutional “sausage,” (a.k.a garbage) the ends justify the means. And, it is important to point out here, that the 14th Amendment appropriately extended procedural legal rights (equal protection and due process) to African Americans; it did not create and coerce new substantive rights as the court has done here by radically redefining marriage, concocting a new genderless or androgynous version. This new radical “right” was fabricated by Kennedy, who did not even bother to follow the court’s precedents regarding equal protection (suspect classification/strict scrutiny) or fundamental rights (“deeply rooted in our history and traditions”).
- Federalism on Fire: And, not willing to remain constitutionally bounded by its federal “limited enumerated powers,” the Supremes have swallowed up yet another important area actually left by our founders to the states and to “we the people”—the power to define marriage. This action further subverts the checks and balances between the federal government and sovereign states. States and the people ought rather to retain plenary authority over everything, including marriage, not specifically delegated to the federal government. Unlimited federal power has led and will continue to lead to increasing tyranny over the states and the people.
- Religion Ransacked: The gang-of-five seems to have forgotten or ignored actual constitutional rights, specifically the religious liberties embodied in the First Amendment which have, until recently, successfully protected religious freedom and rights of conscience for more than 220 years. As Chief Justice Roberts pointed out, this new judicially manufactured illegitimate “right” to SSM (crudely fabricated by the five from the 14th Amendment) has crushed and will continue to crush religious freedom, a clearly legitimate constitutional right. Because SSM has been compared with African-American civil rights and the civil rights of women, those poor souls who maintain the Judeo-Christian view of marriage will be vilified and persecuted as backwards bigots. If the statist radicals have their way, non-profit ministries and churches that refuse to comply may soon see their tax exempt statuses revoked.
It is indisputable that we have now, as a nation, foolishly drifted far from the safe harbors of our constitutional moorings out into violently churning uncharted waters of moral and legal anarchy. Rejecting the warning of John Adams, we have become a nation of “men,” carelessly casting aside our beloved Constitution and the rule of “law.” This soft-tyranny of the black-robed oligarchy, undermining the Constitution and with it the legitimate rights of the states and “we the people,” must not go unchallenged.
How far can this go? Are there any meaningful limiting principles, other than progressive elitist appetites, proclivities, and biases? Perhaps not! If the United States Supreme Court can get away with this, what can’t they do? If nearly all issues can be federally misappropriated by merely relabeling them “constitutional,” than we the people may have truly lost our ability to govern ourselves as we are increasingly ruled by an oligarchical elite who couch their tyranny in reasonable sounding words.
Indeed, it was tyrannical governmental usurpations that fomented our break from England; perhaps history will be repeated here. Regardless, unless something is significantly changed, it appears that the idea and ideals that were America, including self-government and freedom, may become largely lost to history.
This unwelcome diagnosis may be painful to hear and the prescription for what ails us is a bitter pill to swallow. John Adams was right: Unless we have an educated, moral, and engaged citizenry to elect wise leaders who respect and follow the law, there is little hope for a return to national greatness from this dark abyss of legal and moral anarchy. There is no easy path back to the lamp light of freedom left for us by our wise founders, but there is a path!
For the past eight years, the National Center for Law & Policy has been actively fighting for marriage, the sanctity of life, and religious liberty in an increasingly hostile culture and the courts. Although the legal landscape and American values have changed and are changing, our mission, vision, values, and goals have not varied, nor will they vary one iota. We will continue to stand firm in truth and fight the good fight.
Certainly, in this radicalized cultural environment, we must have hearts of compassion and backbones of steel. Now is not a time for Christian wimps. If you missed it, please read, A Call for Christian Courage! The board of directors, attorneys, and staff of the National Center for Law & Policy make this solemn pledge to you regarding our core areas of religious liberty, the sanctity of marriage, and the sanctity of life: We will not change! Therefore, we commit to continue to:
- Advocate for and defend individual believers, religious colleges, ministries, and churches from any and all threats to our freedom to believe, practice, express and actively live out our faith in all areas of our lives, both privately and publicly.
- Engage the culture and the church by winsomely speaking the truth in love (Eph. 4:15) in hard-hitting opinion editorials, interviews, debates, and speaking opportunities.
- Support policy efforts to pass legislation and secure constitutional amendments to protect religious liberty and the freedom of conscience, such as state and federal religious freedom restoration acts (RFRA’s).
- Oppose and stop attempts to undermine the sanctity of life. For example, the NCLP is working with other pro-life advocacy organizations to fight California’s AB 775.
- Advise and guide churches and Christian ministries regarding amending their bylaws and policies to proactively prepare for future sexual orientation and gender identity lawsuits.
- Encourage pastors to courageously shepherd and lead their flocks by clearly and compassionately preaching the gospel and the full counsel of God, including what the Bible teaches about the key moral issues confronting the church today.
- And much, much, more…
The Obergefell v. Hodges decision has thrown proverbial gasoline on the already burning fires of anti-Christian sentiment. We expect to see and are in the process of preparing ourselves to handle a rapidly growing number of requests for our specialized legal assistance with a wide variety of cases involving religious discrimination and persecution. The battle lies before us and we need to make sure we have supply lines in place so that we do not run out of food or ammunition as we fight to keep the doors open for the spread of the gospel of Jesus Christ.
— by Dean R. Broyles, Esq.
Broyles is a constitutional attorney serving as the President of The National Center For Law & Policy (NCLP), an organization fighting to promote and defend religious freedom. Copyright© The National Center For Law & Policy. Reprinted with permission.