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Unconstitutional Travesty: One Man to decide Marriage Policy for 320 Million Americans

The Supreme Court agreed on Friday to decide the issue of whether states can be compelled, against the will of the people and their elected representatives, to accept sodomy-based “marriage.”

Voters in 31 states went to the polls to enshrine natural marriage in their state constitutions. The legislatures in another 13 states passed laws expressly forbidding recognition of homosexual “marriages.”

While legislatures in a small number of states have legalized same-sex “marriage” in their jurisdictions, only 4.5% of the American people live in states where the people themselves, at the ballot box, have endorsed marriages based on the infamous crime against nature.

The rest of the 36 states where homosexuals can now get “married” have had same-sex “marriage” imposed on them by activist judges who have callously disenfranchised the 48 million people who voted for natural marriage at the ballot box.

Given the 4-4 ideological divide on the nine-member Supreme Court, the issue now will be decided by one black-robed activist, Anthony Kennedy, who has written the most rabidly pro-homosexual opinions in the Court’s history.

What is particularly terrible about all this is that Kennedy doesn’t have to answer to anybody for his decision. This is absolutely and tragically un-American.

This is a constitutional and democratic travesty. This is not how the republic created by the Founders was designed to settle important matters of public policy. The first words in the Constitution, after all, are not “We the Unelected, Unaccountable, Tyrannical Judges.”

The Constitution is utterly silent on the subject of marriage. This means, according to the Constitution the Founders crafted, the issue is reserved by the 9th and 10th Amendments exclusively and entirely to the States.

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There’s no use appealing to the 14th Amendment, because it doesn’t say anything about marriage either. The 14th Amendment cannot possibly be used to justify homosexual “marriages” since homosexual conduct was a crime in every state in the Union at the time it was passed.

It is impossible to overestimate the damage that will be done to our constitutional republic if Justice Kennedy imposes homosexual “marriage” on the entire nation in blatant defiance of the express will of the people.

If all important decisions are to be made by what amounts to a supreme council of judicial mullahs, and ordinary citizens and their elected representatives have no say in such matters, then, as Abraham Lincoln put it, “the people will have ceased to be their own rulers.”

What is left of the Founders’ Constitution will have been ripped to shreds and left lying in tattered pieces on the floor of the Supreme Court, destroyed by those who are supposed to be its guardians.

Or to alter the metaphor, Justice Kennedy will have wielded his gavel like a sledgehammer, pulverizing into little tiny shards the little bit that is left of our constitutional foundation. And regardless of the decision Kennedy makes, the mere fact that one man is even in a position to do this is a tragedy all of its own.

May God have mercy on the United States.

(Unless otherwise noted, the opinions expressed are the author’s and do not necessarily reflect the views of the American Family Association or American Family Radio.)

Bryan Fischer

Bryan Fischer is the Director of Issue Analysis for Government and Public Policy at the American Family Association, where he provides expertise on a range of public policy topics. Described by the New York Times as a "talk-radio natural," he hosts the "Focal Point" radio program on AFR Talk,which airs live on weekdays from 1-3 p.m. Central on American Family Radio's nationwide talk network of 125 stations. A graduate of Stanford University and Dallas Theological Seminary, Bryan pastored in Idaho for 25 years, during which time he served for one session as the chaplain of the Idaho state senate. He founded the Idaho Values Alliance in 2005, and is a co-author of Idaho's marriage amendment. He has been with AFA since 2009. In his role as a spokesman for AFA, he has been featured on media outlets such as Fox News, CBS News, NBC, CNN, the New York Times, the Wall Street Journal, the BBC, Russia Today television and the Associated Press, has been a frequent guest on talk radio to discuss cultural and religious issues. He has been profiled in publications such as the New York Times, Newsweek, the New Yorker, and BuzzFeed. He has been married to his bride, Debbie, since 1976, and they have two grown children.

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