US Supreme Court Will Not Take Up Marriage Cases
North Carolina’s Marriage Amendment to be Defended
By M.H. Cavanaugh
Christian Action League
October 6, 2014
This morning (Monday, October 6), the US Supreme Court made a momentous decision to deny review of all the marriage cases striking down state marriage amendments. The cases involved included, Indiana, Wisconsin, Utah, Oklahoma and Virginia. The result is that the rulings of lower courts will now go into effect, clearing the way for same-sex marriages in those states and ultimately trickling down to others with similar amendments that fall under those circuits. This sets up the potential for same-sex marriage to become legal now in thirty states and Washington, D.C.
Dr. Mark Creech, executive director of the Christian Action League said, “A friend said to me today that after learning this news, he has the same feeling in the pit of his stomach that he did when John F. Kennedy was assassinated. He told me, ‘I can’t believe this is happening in America.’ But it is happening,” added Dr. Creech.
No one, not even supporters of same-sex marriage expected this response by the High Court. Everyone expected the Supreme Court to take up one or more of the cases.
In July, the 4th Circuit Court of Appeals ruled Virginia’s marriage amendment was unconstitutional. In August, the Supreme Court issued a stay on that decision. However, since the Supreme Court has decided not to review the case, the stay will be lifted and same-sex marriages will begin in Virginia. Since the Tar Heel state falls under the 4th Circuit, it also means the four cases pending against North Carolina’s marriage amendment in the federal courts will likely start to move rapidly.
Exacerbating the threat against North Carolina’s marriage amendment is the fact that the state’s attorney general, Roy Cooper, has declared he will not defend it. Nevertheless, the good news is the Christian Action League, working with some of the other pro-family organizations in the state anticipated Cooper’s response, and besought the leadership of the General Assembly in 2013 to pass legislation that would allow them to intervene, if Cooper was unwilling to fulfill his constitutional obligations. Such legislation passed and the Speaker of the House, Thom Tillis and President Pro-Tempore of the Senate, Phil Berger, have been poised to intervene should it become necessary.
Today they announced in a joint statement that they will take action to intervene. The statement reads:
“More than 60 percent of North Carolina voters cast a ballot to add the marriage amendment to the state constitution in May 2012.
“’The people of North Carolina have spoken, and while the Supreme Court has not issued a definitive ruling on the issue of traditional marriage, we are hopeful that they will soon,’ said Tillis and Berger. ‘Until then, we will vigorously defend the values of our state and the will of more than 60 percent of North Carolina voters who made it clear that marriage is between one man and one woman.’”
Take a moment and thank Speaker Tillis and Sen. Berger for their commitment to stand strong for marriage:
Speaker Thom Tillis
Senator Phil Berger
“Speaker Tillis and Sen. Berger are correct in their assessment,” said Dr. Mark Creech. “There are still several other cases percolating that could make their way to the High Court. There are two cases from Cincinnati and San Francisco in the appeals courts. They could issue decisions soon. Justices in the 9th Circuit, San Francisco-based, are considering cases involving Idaho and Nevada, while the Cincinnati-based 6th Circuit Court of appeals are considering rulings in Kentucky, Michigan, Ohio and Tennessee. In the 6th Circuit, I think, we are more likely to have a ruling in favor of traditional marriage. And it may be the Supreme Court is deciding to wait to take a case when a Circuit split occurs. There’s a lot of speculation about why the Supreme Court took a pass on these cases, but one thing I do know, I don’t think time is on the side of pro-gay marriage proponents. According to a Pew Forum poll, support for gay marriage is eroding (from 54% to 49%). Nevertheless, the court has done an egregious thing – letting these bad rulings by the lower courts stand and allowing same sex marriage to advance against the right of states to determine their own destiny on the question,” he added.
“Some will argue its useless to fight now – the effort is futile – a waste of taxpayer money.
Nonsense! Marriage is worth fighting for no matter the decision, or in this case, indecision of a court. Marriage is worth fighting for to the bitter end because it belongs to God. Moreover, the decision of 61% of North Carolinians to place the traditional definition of marriage into our state’s constitution is more than worthy of a zealous representation in the courts,” concluded Dr. Creech.
Take Christian Action:
1] Pray for our state and nation. Pray for the courts and all who are in authority (I Tim. 2:2).
2] Don’t get discouraged. God is still on His throne and Jesus is alive, not dead.
3] Don’t compromise on this issue, no matter what the courts do. Marriage belongs to God and was established in nature. The Scriptures say it is a picture of Christ’s relationship to his church (Eph. 5:22-31). Russell Moore rightly contends, “Without a Christian vision of marriage, we have no Christian vision of the gospel.”
4] Hold onto to God, no matter what happens. He still works miracles.
5] Rest in God. His will may be thwarted temporarily by sinful men, but it cannot ultimately be defeated.