By Bryan Fischer
Follow me on Twitter: @BryanJFischer, on Facebook at “Focal Point”
If the Supreme Court overturns DOMA, it will be the end of representative government in the United States. It will be the end of the facade that the American people can establish public policy through their elected representatives.
DOMA passed both houses of Congress with overwhelming majorities (85–14 in the Senate and 342–67 in the House) and was signed into law by a Democrat president. You can’t get any more bipartisan than that.
For the Supreme Court to dump DOMA in a landfill would mean, from a practical standpoint, that we just ought to close down Congress and turn everything over to our black-robed overlords.
If the Supreme Court overturns Prop 8, it will be the end of democracy in the United States. The one pure vestige of democracy (as opposed to republicanism) in America is the authority reserved to the people to directly amend their federal and state constitutions. Seven million Californians voted to elevate protection for natural marriage to its state constitution in 2008. That is pure Athenian democracy in action, and respect for the voice of the people has always, until now, been considered a sacred thing.
For the Supreme Court to dump Prop 8 in the landfill would mean, from a practical standpoint, that we ought to officially disenfranchise every American voter - since they will have in effect lost the right to have their votes count for anything anyway - and turn everything - even state policy - over to a nine-member Politburo which never, ever has to answer to the people over whom they exercise such dictatorial power.
I’m optimistic that the Court will recognize that disenfranchising Congress and disenfranchising every American voter will be bridges too far, even for them. Similar heavy-handedness in its Roe v. Wade decision has made it abundantly clear that wrenching control over hot-button decisions from the people who have to live with the consequences solves nothing.
John Roberts ought to be a slam-dunk on both votes. He went off into the ether on ObamaCare because he said he was compelled to find some way, no matter how bizarre, to uphold a law which reflected the will of the people through their elected representatives.
Well, if he meant what he said, he’ll have all the supporting material he could ever need to vote the right way on both these cases, beginning with the Laws of Nature and Nature’s God, and continuing on through the history of American jurisprudence, biology, genetics, sociology, psychology, etc. etc. Upholding DOMA and Prop 8 should be a no-brainer for him unless he was lying to us about why he upheld ObamaCare.
Kennedy is obviously the swing vote here, and Vaughn Walker, the homosexual activist who voted himself marriage privileges by overturning Prop 8 in contravention of every recusal principle known to man, wrote his opinion expressly for Kennedy. He virtually copied and pasted whole sections from Kennedy’s Lawrence v. Texas decision, a piece of judicial legerdemain on par with Roberts’ eye-watering contortions on ObamaCare.
But perhaps even Kennedy can be persuaded that trampling on Congress, a Democrat president, and every voter in the largest state in the union for ephemeral reasons is not just unconstitutional, it’s just a bad idea, and would be a really, really bad idea even if the Constitution permitted him to get away with it.
So here’s hoping for a 5-4 Supreme Court ruling upholding the Constitution, common sense, natural marriage, and the Judeo-Christian value system on which this nation was built. Surely, in a constitutional republic, that it not too much to ask.
(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.)