Supreme Court DOMA Decision Opens Debate About the Supreme Court, Not About Marriage

Jul 10, 2013

LC.org

The 5-4 opinion by the Supreme Court on the federal Defense of Marriage Act (DOMA) raises questions about the Court’s authority. The debate should focus on the role of the Supreme Court within the Republic and its duty to interpret the Constitution. The debate should not be over marriage.

In the DOMA case, the five-member majority ignored long-accepted Equal Protection law. The decision is neither grounded in the constitutional text nor in prior precedent. It is contrary to the Western legal tradition, natural law, and the created order. Marriage was not invented by religion or civil authorities and predates both.

At some point the American people should question whether the Court overstepped its constitutional authority. The debate should focus on whether the Supreme Court has unlimited authority to say and do what it pleases. In the past we have seen how the Court sidestepped the Constitution and abandoned reason. When the Court is unable to recognize the obvious—that marriage is between one man and one woman—many Americans will agree that the Court has ventured into the realm of illegitimacy. At what point does the High Court abandon its role as an objective arbiter of the law and become a tyrannous oligarchy? Everyone should agree that there is some point where this line from legitimate to illegitimate can be crossed. Has that line been crossed? This is the debate we should be having in America, not a debate about marriage.

People of faith and moral values must wake up and realize the impending threats same-sex marriage poses to religious freedom. When same-sex marriage was adopted in Massachusetts, Catholic Charities was forced to stop performing adoptions. Same-sex marriage is the beginning of the end of religious liberty. This issue will deeply divide America and could be the end of freedom or the beginning of a new revolution.

Read our news release for more details, and then head over to our Facebook page to let us know what you think.
 

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