By L.A. Williams, Correspondent
Christian Action League
March 29, 2013
WASHINGTON, D.C. — Less than a year after North Carolinians flocked to the polls to defend marriage as between one man and one woman, nine justices of the U.S. Supreme Court sit poised to decide whether the votes of the people still count.
As proponents of same-sex marriage and defenders of the traditional family rallied outside the court, inside justices weighed the merits of California’s Proposition 8 and a portion of the federal Defense of Marriage Act (DOMA). Like those in 29 other states, California voters adopted a one-man/one-woman definition in 2008. But the law was overturned by a federal district court. DOMA, which passed in 1996, gives states the option of not recognizing gay marriages from other states and defines marriage for federal benefits as between a man and a woman. It’s the constitutionality of the federal definition that the Supreme Court is considering.
“There is much speculation on what our High Court will say when it releases its opinion, which is expected in late June,” said the Rev. Mark Creech, executive director of the Christian Action League. “One thing we don’t have to speculate on is the opinion of the Most High God. He has already defined marriage in His word.”
Although the court could strike down both the DOMA definition and Proposition 8, in effect legalizing gay marriage in all 50 states, most analysts expect a less sweeping decision, with some predicting no ruling at all on the California case. The Court could rule that ProtectMarriage.com, which sponsored Prop 8, lacked “legal standing” to appeal the federal court ruling. Justices could also decide that they should never have taken up the case to begin with. Either way, same-sex marriages would likely resume in California, but not be mandated in other states. Whatever happens with Prop 8, few analysts seem to believe that DOMA will escape unscathed.
Justice Anthony Kennedy, a potential swing vote who has authored a pair of pro-gay decisions in the past, showed a willingness to invalidate DOMA.
If the Court overturns DOMA’s definition of marriage, same-sex couples in the nine states where gay marriage is legal would be granted federal marriage benefits, but states would not be forced to legalize such unions or recognize gay marriages from other states.
“This is one of the many tricky parts of this issue,” explained Dr. Creech. “If the High Court strikes down the federal government’s definition of marriage on the grounds that it violates the states’ rights to determine what marriage is inside their borders, that would actually serve to strengthen state constitutional amendments like the one North Carolinians passed last May, although it would also strengthen same-sex marriage laws in the nine states that legitimize such unions.”
Dr. Creech said Christians should pray for Supreme Court justices to be granted the wisdom they need to tackle these landmark cases. He pointed to one of Justice Kennedy’s most notable quotes during the two-day hearing.
“There’s substance to the point that sociological information is new. We have five years of information to weigh against 2,000 years of history or more,” Kennedy said.
“I would certainly agree with the associate justice’s comparison. In the context of history, same-sex marriage is but a blip on the radar, a very recent experiment being performed on our nation’s children,” Dr. Creech said. “I would also remind believers that we have not just thousands of years of history, but God’s eternal viewpoint to direct us. Nothing can tilt the scales against His word.”
Read related articles posted on the CAL web site earlier this week:
The Supreme Court and Same-Sex Marriage (Part 1) – Dr. Richard Land
The Supreme Court and Same-Sex Marriage (Part 2) – Dr. Richard Land
‘Marriage Equality’ Spells ‘Marriage Extinction’ – Matt Barber
Marriage and the Conscience of a Nation – Steve Deace
