The Liberator

Legal Update - August 2004


“WE SHALL PREVAIL!”

Dear Friend,

July was an unprecedented month in the historic struggle to preserve marriage. Although the Federal Marriage Amendment (“FMA”) failed to receive the required number of votes in the Senate, I am encouraged more than ever that we will win this battle.

I believe the sleeping giant has awakened. Don Wildmon, founder of the American Family Association, told me that he has been more encouraged about the church in the past few weeks than he ever has been in his 27 years of ministry.

On July 11, many churches observed “Protect Marriage Sunday.” The church where I
preached took out two half-page ads in the local newspaper announcing the event.

That Sunday evening, many churches, along with many Christian TV and radio stations, simulcast a 90-minute program on marriage during which viewers were urged to contact their Senators.

During the week of July 12 when I visited Senators and some key Representatives, I saw firsthand the impact of the American voice on marriage. Here are some highlights:

  • Over 3 million petitions supporting the FMA were delivered in just a few days
    prior to the vote.
  • The entire Senate voice mail system was shut down for at least two days due to the volume of telephone calls.
  • Senator Dole received 4,500 calls in one day with only 150 opposed to the amendment.
  • Other Senators, whether opposed or in favor, whether in conservative or liberal states, reported similar call ratios.
  • When visiting the Senators’ offices, it was difficult to speak to any of the several front desk aides as they were answering one call after another.
  • One legislative aide remarked, “It looks like all of America is on your side.”
  • The telephone lines of Senators’ multiple state offices remained continually busy.

As a result of the barrage of calls, a number of Senators changed their minds and voted in favor of the FMA!

There are many Senate champions, not the least of which is Senate Majority Leader Bill Frist who led the charge forward on marriage, Senator Wayne Allard who sponsored the FMA, and Senator Rick Santorum, who eloquently spoke of why we must preserve marriage.

On the evening of July 9, Liberty Counsel received a request from the Republican Judiciary Committee to put together some research to rebut a legal memorandum from a liberal law firm in opposition to the FMA that was being circulated on the Senate floor. That Friday evening I convened a conference call with some of our attorneys, and we worked through the weekend to prepare our legal response.

During the Senate debates on July 13, Senator Allard introduced our legal analysis into the Senate record, stating that the memorandum was prepared by the top constitutional scholars in America.

Senator Sessions from Alabama concluded his remarks by saying, “The marriage amendment is not going away. The American people want to preserve marriage. We will come back again and again until we win this battle.”

On the evening before the vote, Senator Santorum spoke to a small private group that had gathered in D.C. He shared a story about how the debate over marriage is having a positive impact on America, especially our youth.

When young people come to visit, he likes to meet and answer their questions. Until recently the typical young crowd would ask him why he is opposed to same-sex marriage, to which he would respond by asking, “What is the purpose of marriage?” The typical answer from a pretty girl in the front row was, “Marriage is the union of two people who love each other.” An acne-faced boy would generally add, “Marriage is for procreation and childrearing.” The response to the young man’s reply was laughter.

However, now the senator has observed a shift. He says the typical answer to his question comes from the young girls, who respond, “Marriage is for procreation.” And no one is laughing. We take for granted that people understand what marriage is for, but we have neglected this God-ordained institution for so long that many people think it is only a private union of two people who love each other.

While marriage has a private aspect, it is a public institution. We tinker with marriage
at our peril. Marriage is vital to our survival.

It is not only for procreation, but also most assuredly for childrearing. Through the institution of marriage between a husband and a wife, we prepare children to be caretakers of our future. Same-sex marriage would not only destroy marriage itself, it would damage children and destabilize our society.

I firmly believe that we will not only stop same-sex marriage, but we will also strengthen traditional marriage in the process.

As in the story of Joseph and his brothers (Genesis 45:4-8), that which Satan intended for evil, God intended for good. I believe we will not only stop same-sex marriage, but we will strengthen traditional marriage in the process.

God has not abandoned the institution He created, nor has He changed His mind
about marriage.

He has called each of us to be good stewards of His created order.

Following the Senate hearings, here’s what is on the horizon in the next few months:

  • The U.S. House will vote on the FMA later this year, probably in September
    (I’ve already had meetings with some of the key Representatives).
  • The people in at least 9, and possibly as many as 14, states will vote this fall to amend their state constitutions to preserve traditional marriage. (Missouri will vote in August.)
  • The Senate may take up the matter again this year.
  • The November elections are fast approaching, and we need to “remember in November” who stands for traditional marriage and who supports homosexual marriage.

We will continue our aggressive defense of marriage in courtrooms all over America
(several new cases are being filed each month – already there are around 40 cases challenging traditional marriage).

Whether we like it or not, the battle for marriage will not evaporate. There will be a victor. The only way we can lose this battle is to give it away. We must not give up the fight for marriage.

Now is not the time to be like the ten doubting spies who did not enter the Promised Land—but the time to have faith and courage like Joshua and Caleb, who knew God was bigger than the earthly giants they faced (see Numbers 14:6-9).

With your financial support now, you are extending your reach into every courtroom and wherever the battle rages over marriage.

The liberal elitists, whether in courtrooms or staterooms, cannot stand in the way of such a broad-based support for marriage. Not only is God and common sense on our side, virtually all of America is on our side.

We will not retreat. We will move forward and, God willing, together we shall prevail.

Faithfully,


Mathew D. Staver

P.S. You can stay informed of the latest changes in the battles regarding same-sex marriage and other critical issues through our Liberty Alert emails. Simply visit our website (www.lc.org) to sign up, or to sign up a friend. You are a vital part of these victories!

P.P.S. Also don’t forget to order your copy of my new book, Same-Sex Marriage: Putting Every Household at Risk.