June 26, 2015, is a day that will live in infamy. The USA has now come under attack from inside its legal system, the very system which the framers of our Constitution setup to protect her citizens. Year ago I heard it said that this nation would fall from the inside, without a shot ever being fired, and it now appears those "may be" prophetic words. The Highest Court in the Land, presided over by 9 'NON-ELECTED' lawyers, accountable seemingly to no one, given specific powers in Article III of the Constitution to interpret laws that the "Congress" has passed, in one decision, has broken so many judicial rules, traditions, and principles laid forth in the founding papers and ensuing decisions, that a person could write for weeks (and many will) about their flawed action.
At the outset, as deeply as I believe this decision to be morally wrong, I also have a deep belief that the manner in which this decision occurred flies in the face of how the US legal system was designed to work. This was an issue which the US Supreme Court should have deferred to the individual states as a matter of law. There is no 'expressed right to marry' in the US Constitution and the 10th Amendment clearly affirms that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." While admittedly, I am not an attorney, the Constitution (at least in the early days) was deemed to have been written in language that didn't take a Harvard attorney to interpret or understand. Those last 3 words if not the last two phrases seem to have been minimized or deleted in the minds of the 5 LAWYERS who have taken it on themselves to overturn the will and belief of the majority of citizens in order to defer to the minority.
However, in this case the stakes were so high that, in my opinion, at least 3 Supreme Court Justices were so willing to compromise the reputation of the Highest Court in the Land as impartial that they were unwilling to recuse themselves from these proceedings. In lower courts across this land, as a matter of integrity and policy, judges are expected to recuse themselves from any case to which they could be seen to have a bias. This is the responsibility of the sitting judge. One of the checks and balances for the lower court judge is the appellate system. If a judge does not recuse himself and makes a decision on a case in which he has connection, the next court can overturn his decision based on judicial bias. However, the "Supremes" have no such accountability. In this case, because these 3 justices wanted to make sure that what THEY WANTED to be law, was DECLARED to be law by legislating from the bench, SO they stayed in the case and ultimately decided this landscape-altering change in a less than 'fair' way.
As you can tell, what is striking about this landmark decision is that, as opposed to the findings of the majority as I am, I am as deeply troubled about the slippery slope on which this action places our system of jurisprudence. You may support THIS DECISION, but what happens the next time, when this bias in a case goes against you and you don't feel the process was fair. TOO LATE, precedent is set and precedent is everything in the legal arena. In his dissenting opinion, Chief Justice John Roberts concludes, "If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it." (Emphasis Mine)
Having read most of the decision of the Majority (which is now, for the time being, the law) and having read the minority's report, I walked away with a clear understanding that the issues here are both moral as well as legal. Morally this decision places the USA on par with Sodom and Gomorrah as well as the WORLD in Genesis 6 where the Bible says, "God regretted He made mankind and was grieved in His heart." Beginning on 6/26/15, the door is opened for all sorts of Biblical Immorality and places Christian churches on notice about the 'exercise' of their faith when their faith collides with the intent of this decision.
Noticeably absent from the majority's decision when speaking about people of faith is the word 'exercise.' We can practice our faith and we can even teach our faith, but can we continue to exercise our faith and follow the instructions of Jesus? Can you imagine how the courts are going to rule when those cases come before them where a church refuses to allow a same sex couple to become members or to use their facilities to marry? The truth is, churches will welcome same sex couples to attend, worship, study, and learn just as the church welcomes every or any person. However, the bar is raised for membership. While some churches may conclude that 'same sex' is consistent with the Christian's life, many if not most, do not accept this to be an authentic Biblical view. Very quickly this is going to get ugly for those of us who view the Bible, faith, God, and truth in the latter way.
At the outset, as deeply as I believe this decision to be morally wrong, I also have a deep belief that the manner in which this decision occurred flies in the face of how the US legal system was designed to work. This was an issue which the US Supreme Court should have deferred to the individual states as a matter of law. There is no 'expressed right to marry' in the US Constitution and the 10th Amendment clearly affirms that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." While admittedly, I am not an attorney, the Constitution (at least in the early days) was deemed to have been written in language that didn't take a Harvard attorney to interpret or understand. Those last 3 words if not the last two phrases seem to have been minimized or deleted in the minds of the 5 LAWYERS who have taken it on themselves to overturn the will and belief of the majority of citizens in order to defer to the minority.
However, in this case the stakes were so high that, in my opinion, at least 3 Supreme Court Justices were so willing to compromise the reputation of the Highest Court in the Land as impartial that they were unwilling to recuse themselves from these proceedings. In lower courts across this land, as a matter of integrity and policy, judges are expected to recuse themselves from any case to which they could be seen to have a bias. This is the responsibility of the sitting judge. One of the checks and balances for the lower court judge is the appellate system. If a judge does not recuse himself and makes a decision on a case in which he has connection, the next court can overturn his decision based on judicial bias. However, the "Supremes" have no such accountability. In this case, because these 3 justices wanted to make sure that what THEY WANTED to be law, was DECLARED to be law by legislating from the bench, SO they stayed in the case and ultimately decided this landscape-altering change in a less than 'fair' way.
As you can tell, what is striking about this landmark decision is that, as opposed to the findings of the majority as I am, I am as deeply troubled about the slippery slope on which this action places our system of jurisprudence. You may support THIS DECISION, but what happens the next time, when this bias in a case goes against you and you don't feel the process was fair. TOO LATE, precedent is set and precedent is everything in the legal arena. In his dissenting opinion, Chief Justice John Roberts concludes, "If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it." (Emphasis Mine)
Having read most of the decision of the Majority (which is now, for the time being, the law) and having read the minority's report, I walked away with a clear understanding that the issues here are both moral as well as legal. Morally this decision places the USA on par with Sodom and Gomorrah as well as the WORLD in Genesis 6 where the Bible says, "God regretted He made mankind and was grieved in His heart." Beginning on 6/26/15, the door is opened for all sorts of Biblical Immorality and places Christian churches on notice about the 'exercise' of their faith when their faith collides with the intent of this decision.
Noticeably absent from the majority's decision when speaking about people of faith is the word 'exercise.' We can practice our faith and we can even teach our faith, but can we continue to exercise our faith and follow the instructions of Jesus? Can you imagine how the courts are going to rule when those cases come before them where a church refuses to allow a same sex couple to become members or to use their facilities to marry? The truth is, churches will welcome same sex couples to attend, worship, study, and learn just as the church welcomes every or any person. However, the bar is raised for membership. While some churches may conclude that 'same sex' is consistent with the Christian's life, many if not most, do not accept this to be an authentic Biblical view. Very quickly this is going to get ugly for those of us who view the Bible, faith, God, and truth in the latter way.
It is true that many were heard cheering on June 26 all across the land, but it is equally true that this was not the majority of the population. Knowing this truth brings into focus that this issue has many "moving parts." Those who are cheering deeply believe that this drastic change in millennia of definition, tradition, and even understanding surrounding marriage is going to bring the fulfillment which so many people seek. (Rarely, if ever, does a 'legal decision' bring about this type of change because these issues are matters of the soul) Ultimately, these who cheer and adhere will become the broken people with hearts that will need a divine touch and divine love to recover from their deep hurt. These broken hearts may not become apparent for years (should our Lord choose not to return), but it will happen.
Additionally and not articulated in the oral arguments before the court nor in any of the Amicus briefs which I have read, is a recognition of the laws of nature (God's designed nature) that, in the human experience, it still takes an "X" and "Y" chromosome to procreate. Two of the same gender can not bear children, it is an impossibility. At some point and from somewhere, there must be a contribution by the other gender in order for new life to form.
At the same time the cheering was loudly heard, flags were waved, and news agencies began the reporting in favor of this decision, within the majority of citizenry (which includes people of Biblical faith) tears were shed and prayers were uttered. Not surprisingly, POTUS played to the crowd (not the majority, but the crowd) by saying, "LOVE WON TODAY." For my two cents worth, such a weak leader continues his weak leadership by attempting to play to the crowd and there were definitely winners on that day, but it was NOT love that won. True, he seems to be getting his way in most things these days, but his leadership continues to 'grease' the moral and legal slippery slope on which he's placed us. However, I think I'll wait until later to write about this issue.
What I can take heart in is this, "The Throne in Heaven is Still Occupied! Jehovah still governs in the affairs of men." Life as we have known it in the USA may have been changed forever (OR until Congress calls the hand of the "Supremes") or until our Lord returns for those He has redeemed, but the words of Jesus still ring true. He says, "I am THE way, THE truth, and THE life, and NO ONE comes to the Father except through me." My prayer is for our nation to not take the path of ancient Israel who abandoned God and lost their identity, His blessing, and their land.
Whether you agree or disagree with this decision, not only has the morality of our country been changed as of June 26, but also the legal nature of our court system. It is indeed a DAY THAT WILL LIVE IN INFAMY.
Additionally and not articulated in the oral arguments before the court nor in any of the Amicus briefs which I have read, is a recognition of the laws of nature (God's designed nature) that, in the human experience, it still takes an "X" and "Y" chromosome to procreate. Two of the same gender can not bear children, it is an impossibility. At some point and from somewhere, there must be a contribution by the other gender in order for new life to form.
At the same time the cheering was loudly heard, flags were waved, and news agencies began the reporting in favor of this decision, within the majority of citizenry (which includes people of Biblical faith) tears were shed and prayers were uttered. Not surprisingly, POTUS played to the crowd (not the majority, but the crowd) by saying, "LOVE WON TODAY." For my two cents worth, such a weak leader continues his weak leadership by attempting to play to the crowd and there were definitely winners on that day, but it was NOT love that won. True, he seems to be getting his way in most things these days, but his leadership continues to 'grease' the moral and legal slippery slope on which he's placed us. However, I think I'll wait until later to write about this issue.
What I can take heart in is this, "The Throne in Heaven is Still Occupied! Jehovah still governs in the affairs of men." Life as we have known it in the USA may have been changed forever (OR until Congress calls the hand of the "Supremes") or until our Lord returns for those He has redeemed, but the words of Jesus still ring true. He says, "I am THE way, THE truth, and THE life, and NO ONE comes to the Father except through me." My prayer is for our nation to not take the path of ancient Israel who abandoned God and lost their identity, His blessing, and their land.
Whether you agree or disagree with this decision, not only has the morality of our country been changed as of June 26, but also the legal nature of our court system. It is indeed a DAY THAT WILL LIVE IN INFAMY.
No comments:
Post a Comment