God will not be mocked forever.
Posted on 06/27/2013 3:17:57 AM PDT by rhema
These decisions, handed down by the Court today, affect to be limited in their reach, but they are even worse than they appear, and they cannot be cabined. They lay down the predicates for litigation that will clearly unfold now, and with short steps sure to come, virtually all of the barriers to same-sex marriage in this country can be swept away. Even constitutional amendments, passed by so many of the states, can be overridden now. The engine put in place to power this drive is supplied by Justice Kennedy’s “hate speech,” offering itself as the opinion of the Court in U.S. v. Windsor. Kennedy wrote for the Court in striking down Section 3 of the Defense of Marriage Act (DOMA), the part of the act that recognized as “marriage,” in federal law, only the union of a man and woman. In Kennedy’s translation, the Defense of Marriage Act showed its animus in its very title: The defense of marriage was simply another way of disparaging and “denigrating” gays and lesbians, and denying dignity to their “relationships.” As Justice Scalia noted so tellingly in his dissent, Kennedy could characterize then as bigots the 85 senators who voted for the Act, along with the president (Clinton) who signed it. Every plausible account of marriage as a relation of a man and woman can then be swept away, as so much cover for malice and blind hatred.
As Scalia suggested, that opinion can now become the predicate for challenges to the laws on marriage in all of the States. A couple of the same sex need merely go into a federal court and invoke Justice Kennedy’s opinion in the DOMA case (U.S. v. Windsor): The Supreme Court has declared now that a law that refuses to recognize same-sex marriage is animated by a passion to demean and denigrate. Any such law cannot find a rational ground of justification. As Kennedy had famously said in Romer v. Evans, those kinds of laws can be explained only in terms of an irrational “animus.”
That may be enough to have the laws and the constitutional provision overruled. But it gets even better if the state has a Democratic governor: For he may declare now that he will not enforce the constitutional amendment, for he thinks it runs counter to the federal Constitution. And by the holding today in the case on Proposition 8 in California (Hollingsworth v. Perry), the backers of the constitutional amendment will have no standing in court to contest the judgment. Constitutional amendments are meant to secure provisions that will not be undone by the shift in season from one election to another. But with the combination of these two cases today, any liberal governor can virtually undo a constitutional amendment on marriage in his state.
Justice Kennedy sought to pretend, and Chief Justice Roberts pretended to believe him, that his judgment applied only to Section 3 of DOMA, in which the Congress declared that, in federal law, “the word ‘marriage’ means only a legal union between one man and one woman as husband and wife.” Section 2 of DOMA sought to support the authority of a state to refuse to credit a same-sex marriage brought in from another state. It sought to prevent one state from indirectly nationalizing homosexual marriage, with the aid of the Full Faith and Credit Clause of the Constitution. Justice Kennedy insists that the decision on Section 3 does not touch Section 2: It does not compel any State to recognize same-sex marriage. But as Justice Scalia quipped in dissent, that claim falls into the list of “bald, unreasoned disclaimer[s].” Kennedy’s opinion will be hauled out in the cases to come to argue that the State has no justified ground for refusing to accept same-sex marriage in its own laws, or crediting the same marriages coming in from other states.
In Hollingsworth v. Perry, the Court refused to recognize the standing of the backers of Proposition 8 to defend that constitutional amendment in the courts. Once the governor of the state refused to defend the amendment, the backers of the amendment could claim no personal injury at stake in the litigation. When a federal district court struck down Proposition 8, the backers of the amendment had no standing to take the case into a higher, appellate court, and that court, in any event, turned out simply to confirm the holding of the district court. In denying standing, the Supreme Court now swept away the holding of the appellate court. All that is left is the holding of the District Court, which covers only the litigants in the case. And the holding has no precedential standing in any other court. And so, would the case cover no one but the litigants, and would Proposition 8 still be on the books? But more “bald, unreasoned disclaimer.” The legislature will take Justice Kennedy’s language in the DOMA case to call into question the standing of Proposition 8 as a constitutional amendment in California. And they may proceed then to legislate again to establish and promote same-sex marriage.
Our friends in the National Organization of Marriage could well be put out of business by the work that the Court today has completed. They may have to think anew on a strategic path once considered and long ago discarded: They may have to ponder again the use of Article V of the Constitution to amend the constitution on the appeal of two-thirds of the states. If we add the number of states that have constitutional amendments now to protect marriage, along with States that have resisted same-sex marriage in their laws, they would be more than enough to call for a constitutional convention to amend the Constitution on this subject.
Present at the Court today were families of the justices, as the Court reached the end of its work for the term. But as we passed out of the courtroom this morning, all quite amiable and civil, the culture war had taken a decisive, real turn.
Make no mistake, this movement has less to do with so called gay rights as persecution of Christians. They are laying the legal foundation for government sponsored persecution. Just as the Nazi’s had to with the Jews...we are in for some very bleak days ahead.
They have orchestrated a brilliantly conducted masterpeice that effects every American foundation. The seed of rot purposely and deliberatley planted. 2014 I believe is the alamo for America, if we fail America fails
Indeed. Goal is to force Christians to worship faggotry or face legal consequences. Anyone who doesn’t worship faggotry will be thrown nto prison for “hate speech,”, and churches will be forced to perform fag weddings or close their doors.
They have taken a big step toward destroying federalism....it is as if the Tenth Amendment is so much toilet paper.
Thanks, Kennedy.
Bkmk
God will not be mocked forever.
It is destroying the higher standards of living under the ruse of making things free. This is such horsesh!t. This whole thing is going to mandate sodomy, and, just like pro-choice was a lie but a direct empowerment of gay pedophile pimps tax funded at Planned parenthood.
In my opinion (not a lawyer, just someone who thinks) these rulings are even worse than the author suggests.
By removing standing from private citizens, the Court has ruled that “We the People” have no avenue of redress before the Court ... the very Court that “We the People” established under the Constitution. IOW, the Court has changed the legal status of every citizen to subject, and tyranny now has the legal foothold it has been seeking since Woodrow Wilson.
If this ruling, which is now precedent, is allowed to stand there is only one recourse left to reclaim our citizenship as free men and women.
French citizens by the thousands were in the streets defending God’s marriage of a man and a woman. Where are Americans after having ungodly marriage shoved down their throats by five godless judges on the SC?
When the French can point and laugh at what wusses Americans are, we have reached bottom as a nation.
I agree. The reset, when it comes, (and it might not be 50 states “after” the reset), will sweep away the original “poisoned tree” which is Marberry vs Madison, all the way back to then.
The Constitution does NOT say that the SCOTUS is the final arbiter of all laws in the USA. In fact, it puts Congress over the SCOTUS.
For perspective: Article One, dealing with congress, is 2,269 words long. Article Two, the executive, is 1,025 words. Article Three, the judiciary is only 377 words. Only 295 words if you take out Article Three Section 3, which deals with definitions of treason, not the judiciary.
And here is the applicable part of Article Three:
“In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”
Right there, it says that congress can regulate the SCOTUS, and decide which cases should or should not be under their purview.
The fact that the congress has abrogated this power since Marberry vs Madison doesn’t mean that this power no longer exists in the Constitution. After our coming crash and reset etc, I have some small hope that the “Tyranny of Five” will be thrown out. Nowhere in the Constiution or the Federalist Papers etc does it say that the SCOTUS shall have the power to redefine marriage to include homosexual unions and so on. It was never the intention of our Founding Fathers that our Republic should become a tyranny of five judges.
Please see #11.
Pray tell....what does "cabined" mean? I looked it up in the dictionary and can find no definition which ties in with the subject of this article.
Leni
“just as the Nazi did...’ we do SO very much agree.When I wrote that Unusually good Liar President Clinton to protest DADT—that White House reply used my address but the term SEIG HEIL,in place of my name.Now the President who signed DOMA into law is proudly proclaiming how proud he is that it was struck down? The Court has once again proven it is divorced from Religion,Morality, and Knowledge-not to forget the precedent of Murphy v. Ramsey and others.The contempt of this majority for our Christian Morality is palpable.But God will NOT be mocked.
“confined at close quarters”
The Alamo for America has long since come and gone.
The voting processes in many states are compromised and rigged.
There is little that can be done now, except prepare for the storm that is to come.
I never thought that I would ever see Americans work so diligently for the destruction of our country.
My sense of sadness at these developments can not be adequately put into words.
Stand up, stand up for Jesus, ye soldiers of the cross;
Lift high His royal banner, it must not suffer loss.
From victory unto victory His army shall He lead,
Till every foe is vanquished, and Christ is Lord indeed.
Stand up, stand up for Jesus, the solemn watchword hear;
If while ye sleep He suffers, away with shame and fear;
Where’er ye meet with evil, within you or without,
Charge for the God of battles, and put the foe to rout.
Stand up, stand up for Jesus, the trumpet call obey;
Forth to the mighty conflict, in this His glorious day.
Ye that are brave now serve Him against unnumbered foes;
Let courage rise with danger, and strength to strength oppose.
Stand up, stand up for Jesus, stand in His strength alone;
The arm of flesh will fail you, ye dare not trust your own.
Put on the Gospel armor, each piece put on with prayer;
Where duty calls or danger, be never wanting there.
Stand up, stand up for Jesus, each soldier to his post,
Close up the broken column, and shout through all the host:
Make good the loss so heavy, in those that still remain,
And prove to all around you that death itself is gain.
Stand up, stand up for Jesus, the strife will not be long;
This day the noise of battle, the next the victor’s song.
To those who vanquish evil a crown of life shall be;
They with the King of Glory shall reign eternally.
May we who call ourselves Christian honor our Savior by devotion to His word, worship and witness... so help me God!!
In the upcoming revolution, I hope to see Kennedy front and center on the gallows as the arch-enemy of the people.
On the contrary, I wonder what took this development so long. When a lying scumbag of a fornicating president lied to Congress and then escaped removal after impeachment, I knew we weren't far from the bottom. When even "Republicans" adopted political correctness as their native tongue, that clinched it for me.
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