The
twin decisions of the US Supreme Court on marriage are as clear as mud; they
resolve none of the issues that drive the marriage debate in California or the
nation. But let’s talk about what they
do – and what they do not do.
With
respect to DOMA – the federal Defense Of Marriage Act – they strike down only
the section of the act forbidding federal benefits to same sex couples even
where states recognize their marriages.
The Court upheld the primary intent to protect states’ rights to
recognize only marriages that accord with their laws. The Court reaffirms the right of states to
enact their own laws and definitions of marriage. California’s Proposition 8 is the action of a
state defining marriage, although Prop 8 is not mentioned in the DOMA decision.
With
respect to Prop 8 the court did not overturn the measure. It did rule that the defenders of the law
lacked standing to defend that law in federal court; it overturned the decision
of the Ninth Circuit Court of Appeals declaring Prop 8 unconstitutional, which
means the case is sent back to the federal district court which also declared
the act contrary to the US Constitution.
Here it gets really muddy – the California Constitution states clearly
that state laws can only be overturned by appellate courts – state or
federal. No such overturn of Prop 8 has
taken place now that the Ninth Circuit decision is voided.
The
Alliance Defending Freedom – which defended Prop 8 in the courts – joins Focus
on the Family’s Citizenlink, the Family Research Council, and SaveMarriage.org
– led Andy Pugno – in claiming the measure remains the law of the land. The media have misreported these decisions
across the board. Pacific Justice
Institute – with which I am most familiar and connected – calls the odds on
maintaining Prop 8 very long. California
officials have a long history of flouting the law and the federal Ninth Circuit
Court of Appeals – whose jurisdiction was eliminated by the Supreme Court
ruling – has ordered the resumption of gay marriages in California in direct
violation of the rule of law which provides twenty-five days for petitioners to
seek a re-hearing from the Supreme Court.
Gay marriages commenced in California on Friday, June 28.
Let’s
be clear. A federal court having neither
jurisdiction or authority with no case before it ordered California to violate
its own constitution by sanctioning these marriages. Lawless officials – governor, attorney
general, and mayor of Los Angeles – acted on supposed strength of this order.
Ugandan Evangelist
Jackson Senyonga famously said, “The condition of society is the report card of
the Church.” When the Church is healthy
the society is healthy. When the Church
is mired in bondage of her own making the society is likewise bound. Where is the Church now? Where are her pastors and other leaders?
Many
leaders do speak and act from within the liberating parameters of God’s Word
and the laws and constitution of our state and nation. But when nationally recognized leader Jim
Garlow calls for pastors and leaders to assert their freedom to speak under the
First Amendment less than half of one percent of the pastors answered from
their pulpits. When a local church was
viciously attacked in our local paper I could not find one local pastor to
publicly assert with me that church’s right to its own identity. This is not okay.
When
King David engineered the murder of one of his own officers to cover the affair
the king had with his wife Nathan the Prophet publicly confronted the
king. It was the same with Elijah and
other biblical prophets. When President
Lyndon Johnson worshipped at Bruton Parish in Williamsburg, Virginia, in early
1967 the pastor confronted him about his lies and lawlessness in conducting the
Vietnam war and began the process leading to Johnson’s decision not to seek
re-election. Courageous pastors,
bishops, and business owners are challenging the Obama Administration on forced
abortion coverage provided in Obamacare.
Will the Church rise up to confront government about its abuses of power
across the board – and especially now in the issue of forcing a state to adopt
same-sex marriage when its people have said yes to traditional marriage? Will the Church set its own house in order at
the same time?
My next posting
will feature recommendations – exhortations really – on how this should be
done. But whatever we do as a Christian
community let us actively recall that we do not place our trust in the human
protectors of constitution and community – how has that worked out on Obamacare
and traditional marriage – but in the One who creates them both.
James A. Wilson is the author of Living
As Ambassadors of Relationships and The
Holy Spirit and the End Times – available at local bookstores or by
e-mailing him at
praynorthstate@charter.net
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