By Bryan Fischer
Follow me on Twitter: @BryanJFischer, on Facebook at “Focal Point”
Gov. Rick Perry of Texas may be
our last, best hope of reclaiming America and returning it to its
Gov. Perry can do this by
ignoring or better yet flatly defying federal Judge Orlando L. Garcia’s blatantly unconstitutional, immoral
and illegal ruling overturning the Texas marriage amendment.
Texas passed its marriage amendment in 2005 with 76% of
the vote.This was after the amendment passed the Texas house by a 101-29 margin
and the senate 21-8. Thus it is a piece of legislation with overwhelming
support, including two-thirds of the state legislature and 3/4 of the
electorate. The amendment garnered nearly universal support, passing in 253 of
Texas’ 254 counties.
And yet Judge Garcia, in a burst of judicial hubris and
and arrogance, disenfranchised them all. While he has issued a stay pending
review by the judges of the Fifth Circuit, they may well affirm Judge Garcia,
so the time to act is now, before they get the chance.
The Constitution begins “We the People,” not “We the Black-Robed
Tyrants.” It’s time for Gov Perry to remind federal judges of the very first
words of the document they took an oath before God to uphold.
A couple of years ago, Denzel
Washington starred in “Unstoppable,” a fact-based movie about a runaway train.
That runaway train today is the federal judiciary, crushing one state after
another by imposing its benighted will on marriage policy from the bench.
Federal judges who overturn duly enacted state laws and marriage amendments
make a mockery of the democratic process and leave the Constitution in tatters.
This is not how a republican
The number of states, now
including Texas, who have been victimized by this tyranny is growing by the
week. Not long ago, thirty-one states had marriage amendments in force, enacted
by the people, which elevated protection for man-woman marriage to their state
Yet due to unconscionable
judicial activism, that number is now down to 26 and dropping by the week. If
the process is not arrested, marriage based on the infamous crime against
nature will soon be imposed as a moral value on the entire country.
Homosexual activists are fond of
bloviating about how many Americans live in states where same-sex marriage has
official sanction. Yet simple research indicates that only 4.5% of the populace
live in the three states where voters themselves have chosen same-sex marriage
at the ballot box. In much of the rest of the country, sexual deviancy has been
imposed on the American people against their will by out-of-control judges.
Denzel Washington found a way to
stop that runaway train and protect the people in its path from certain
disaster. Gov. Perry is perhaps the last man standing who has not only the
legal authority but also the courage to stop the moral and constitutional
carnage being caused by a lawless judiciary.
Article I, Section 8 identifies
the only powers of action the people of the United States have delegated to the
central government. There is no mention there of marriage policy at all. In
other words, none of the three branches of the federal government has any
authority whatsoever to dictate marriage policy to the states. None.
Gov. Perry gets it. In the
statement he issued yesterday, he said, “[I]t is not the role of the federal
government to overturn the will of our citizens. The 10th Amendment guarantees
Texas voters the freedom to make these decisions, and this is yet another
attempt to achieve via the courts what couldn’t be achieved at the ballot box.
We will continue to fight for the rights of Texans to self-determine the laws
of our state."
How can Gov. Perry not only
continue this fight but win it outright? By adamantly refusing to surrender to
this act of judicial tyranny.
Gov. Perry can uphold both the
constitution of the state of Texas and the Constitution of the United States by
declaring that no matter what a federal judge or court decides, marriage in
Texas will continue to be a man-woman institution. He can issue a directive
that no marriage licenses will be issued by country clerks to same-sex couples
in the state of Texas, period.
Let’s be very clear: were Gov.
Perry to do this, he would not be violating the Constitution, he would be
upholding it. It would not be the
governor but the judge who is violating the Constitution and his oath of
The governor would be doing his
part to make this nation once again a nation of laws and not men. And other
like-minded governors might just be inclined to follow his example.
Surely Big Gay would react with
a frenzy of outrage and a flurry of litigation, but what could homosexual
activists do if Gov. Perry, backed by the state legislature, simply refused to
bow to unconstitutional diktats issued by the judiciary?
If the president were to
threaten the use of force to compel submission, it would simply prove to one
and all that we are no longer a self-governing people and no longer have even
the semblance of a constitutional republic.
Governor Perry, a nation turns
its lonely eyes to you. What will you do?
(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.)