Friday, July 24, 2015

The Supreme? Court

Now that the furor over the Supreme Court's decision to mandate gay marriage in all states has died down, it may be possible to have a thoughtful discussion. My position on this issue may aggravate some believers, but I am convinced I am right. There are several ways to approach the topic that may engender debate.

First a fantasy: since the state must recognize a private opinion about who can be called man and wife, shouldn’t they also recognize a private opinion about who is my brother? The gays insisted they needed the institution of marriage for legal purposes such as IRS filing, hospital visitation and inheritance laws. The same kind of distinction is made by law concerning familial transactions. The passing of guns and other property as well as inheritance issues differ for family members as opposed to non-family. As co-adoptees of our Heavenly Father, I think we should have familial privileges. The fact that this means I married my “sister” shouldn’t bother anyone, given the latest redefinition of marriage, right?

Seriously though, I don’t see how Christians can argue against the Supreme’s right to mandate anything they can support from the Constitution. Marbury v. Madison set the precedent long ago that the Court determines what laws are Constitutional. If the people of any given state try to make a law that violates the US Constitution, the Supreme Court is the arbiter of the dispute. Never mind that numerous states have passed laws that define marriage as between one man and one woman only. The Supreme’s have declared those laws unconstitutional.

The real debate here is whether the Supreme Court has gone off the reservation in their recent interpretations of the Constitution. Forget “recent” and consider the 1973 Court decision that gave the right to murder children in utero. The Court has “discovered” all sorts of “rights” that defy traditional reasoning. I have no problem with Miranda rights, but that is just the tip of the iceberg of criminal rights. If there is a pendulum in that arena, it has swung too far off center.

The latest spate of dubious opinions from the Supremes casts doubt on the wisdom of Marbury. It creates a situation where five people can dictate the “meaning” of various principles of Constitutional law. The nonsense that came from the Court’s decision on the Obamacare state mandate and now gay marriage makes one wish for another way. The governor of Texas has made a start. After the Court decision on gay marriage, he announced that no one in State government would be required to force a fellow-Texan to violate their First Amendment right to free exercise of their religious beliefs. He may have done little more than tee up the next Supreme Court “interpretation,” but I say bring it on.


The Bible is full of admonitions to submit to the powers and give honor to whom it is due. It also says that we must obey God rather than man. The believers’ “supreme court” does not meet in Washington DC; it is held in an entirely different venue. Christian wedding planners and bakers may find themselves in awkward situations from time to time, but so far no one is being forced into a same-sex marriage or to abort a child. These unfortunate decisions are being made by people who think the Supreme Court has given them license; what they don’t realize is that they will answer to THE Supreme Judge one day. As believers we must continue to stand for what we believe and warn of the coming judgment. Oh, and love them all, from the Bench on down.

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