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Supreme Court issues two illegitimate decisions on same-sex marriage

Supreme Court

The U.S. Supreme Court building in Washington D.C. (AP)

Wednesday, the Supreme Court did what many of us hoped would never happen – the justices have invalidated Section 3 of the federal Defense of Marriage Act and refused to consider the lower court decision invalidating Proposition 8.

I’m furious. We at the National Organization for Marriage (NOM) and tens of millions of other Americans will never accept it. 

It’s wrong, plain and simple. There’s a stench to these decisions that has stained the Supreme Court.

We will do everything in our power to preserve marriage across the country because marriage as God created is the most important social institution we can offer men, women and children.

In my view, the worst of the two decisions is the Proposition 8 case. The National Organization for Marriage and our allies fought with everything we had to preserve marriage, the foundation of society itself. We were the largest contributor to putting Proposition 8 on the ballot, actively campaigned for its passage, and contributed hundreds of thousands of dollars to help preserve it through many legal challenges.

The refusing to hear the Proposition 8 appeal has rewarded the utter dereliction of duty by California’s Governor and Attorney General, whose legal obligation was to defend initiatives adopted by the people.  That leaves in place the erroneous decision of a single San Francisco federal court judge, who issued a Dred Scott and Roe v Wade type of decision – an illegitimate attempt to legislate from the bench.

The Supreme Court has blown it, rewarding corrupt public officials and judges and invalidating the right of the people of California to define marriage in the way that marriage has actually existed throughout human history – the union of one man and one woman.

Over 7 million Californians voted in favor of Proposition 8. Not content to let voters have their say, homosexual activists from Hollywood and New York hired celebrity lawyers Ted Olson and David Boies to sue and the case now known as Hollingsworth v. Perry began. 

Frankly, I’ve never seen such corruption in the judicial system as I have seen in this case.  

First, a homosexual judge in a long-term gay relationship was assigned the case, and refused to disclose his relationship before declaring that marriage is unconstitutional. 

Then Stephen Reinhardt, the senior judge in the uber-liberal Ninth Circuit wrote the appeals court opinion invalidating Proposition 8 despite the fact that his own wife advised the lawyers challenging the initiative.

To make matters worse, the elected officials responsible for defending the vote of the people and who swore an oath to do so – then Governor Arnold Schwarzenegger, current Governor Jerry Brown, and state Attorney General Kamala Harris – shamefully abandoned their duty and left marriage defenseless.

The Supreme Court has rewarded this corruption and effectively given negligent public officials a pocket veto over ballot measures they don’t like. All they have to do now is refuse to defend a law passed by the people, and it will crash and burn in the courts.

Despite the loss of marriage in California, the Supreme Court has taken pains to limit the impact of their decision to California by basing their ruling on narrow legal grounds. 

It does not apply to any other state – at least for now. But you can bet that homosexual activists and their rapacious lawyers won’t let it rest at that. And that brings me to the federal Defense of Marriage Act ruling.

In a separate case the Court invalidated Section 3 of DOMA. The ruling will force the federal government to recognize same-sex relationships as “marriages” in the few outlier states that have bought into the lie and rejected thousands of years of history and common sense. And it will create chaos as same-sex couples move to other states that have held true, and demand the same recognition from and in those states. 

The Supreme Court clearly also got that case wrong, but the ruling is not nearly as important as the Prop 8 ruling. Its impact is limited only to certain federal benefits and does not require any state to accept gay ‘marriages’ performed elsewhere. That section of DOMA was not challenged and remains fully in effect.

Marriage is hanging by a thread in America. It lost today in California, and those responsible will be coming after every remaining state that refuses to abandon the truth of marriage. 

NOM will do everything in our power to preserve marriage across the country, because the institution of marriage as God created is the most important social institution we can offer men, women and children.

Brian Brown is president of the National Organization for Marriage (NOM).