Another State Rebels Against Same-Sex Marriage Ruling

In the latest move that suggests that a bare five-lawyer, same-sex “marriage” endorsing majority on the U.S. Supreme Court is far out of step with many Americans, lawmakers in South Carolina have proposed the South Carolina Natural Marriage Defense Act, which would withdraw recognition of homosexual duos.

“I represent the people, and the people have shown several times that they are opposed to this, and are in favor of traditional marriage,” state Rep. Bill Chumley, R-Woodruff, said in a report in on Tuesday.

He was joined by Rep. Mike Burns, R-Taylors, in prefiling a bill in the House to “define marriage as between one man and one woman.”

Derek Black, a University of South Carolina law teacher, told the news organization in an email that it wasn’t up to lawmakers to represent their constituents in this way.

“It is the task of the courts to interpret the Constitution and it is the task of legislators to act in accordance with the Constitution and other validly enacted laws,” he said.

But officials at the Tenth Amendment Center, who monitor state-federal fights and issues, said such moves on the part of states could really create headwinds for Washington’s “gay” agenda.


“State non-cooperation would certainly gum up the works, creating, as James Madison foresaw, impediments and obstructions to enforcing the federal demand to recognize gay marriage. It would bar state officials from issuing marriage licenses to gay couples, setting up a confrontation with the federal government like we saw in Kentucky …. ”

The group said the move undoubtedly would lose in a court fight, because of the present atmosphere in court systems that the Supreme Court controls everything.

“Under the original Constitution, marriage was unquestioningly a matter left to the states and the people. In Federalist #45, Madison asserted that all objects that concern “the lives, liberties and property of the people,’ would remain outside federal jurisdiction.”

The group contends that “Supreme Court intervention into state marriage laws represents a usurpation of power. Nevertheless, in the American political system today, all courts … and federal authorities defer to the Supreme Court. … The effectiveness of the South Carolina Natural Marriage Defense Act would rest entirely on the willingness of the state to maintain resistance …”

The organization noted another move that has started developing, in Alabama, Oklahoma and Michigan at least, is to simply get the government out of the marriage licensing business altogether. One state judge has suggested since the Supreme Court created same-sex “marriage,” its judges should be responsible for administering it.

“This strategy would avoid direct confrontation with the feds and likely prove more effective long-term because it would not be subject to challenge by federal courts,” the organization reported.

One recent conflict was resolved with the stroke of Kentucky Gov. Matt Bevin’s pen.

In that state, Rowan County Clerk Kim Davis objected to attaching her name to a same-sex “marriage” license, and eventually, she spent nearly a week in jail when she refused orders from U.S. District Judge David Bunning to violate her faith and issue “same-sex marriage” licenses under her own name.

Then Bevin issued an order simply removing clerks’ names from the paperwork.

The legal team that worked on behalf of Davis, who eventually was released from jail and returned to her duties after Bunning ordered her deputies to issue the same-sex “marriage” licenses and threatened them with penalties, said it was a simple fix that should have been done long ago.

“This is a wonderful Christmas gift for Kim Davis,” said Mat Staver, founder and chairman of Liberty Counsel. “This executive order is a clear, simple accommodation on behalf of Kim Davis and all Kentucky clerks. Kim can celebrate Christmas with her family knowing she does not have to choose between her public office and her deeply held religious convictions.”

The minority in the 5-4 Obergefell marriage decision last June that created same-sex “marriage” had warned that it would create constitutional conflicts.


Liberty Counsel argued that homosexual activists are intent on depriving individuals of their constitutional rights.

“In a rush to judgment that promoted expediency over due process, the district court’s original injunction [from Bunning] in this dispute tramples upon Davis’ religious rights in subjugation to plaintiffs’ ‘preference’ for a marriage license authorized by a particular person in a particular county.”

The LC brief to the appeal court said, “Under the circumstances here, plaintiff’s purported rights should not trump Davis’ undisputed sincerely held religious beliefs.”

WND also reported on the latest developments in Alabama, where the state Supreme Court defied a federal judge’s orders to create same-sex “marriage,” saying its interpretation of the Constitution was as valid as the federal judge’s.

That was before the Supreme Court decision, however. After, the state court said it would accept arguments on whether, and how, the national ruling should be implemented in Alabama.

There, a brief by the American College of Pediatricians said, “If accepted, Obergefell’s policy implementation will deliberately and intentionally deny children the father or the mother so essential to their well-being. … This court should also be reminded that the Constitution of the United States is the ‘supreme law of the land’ and is never trumped by an opinion that ignores the text, structure, and delegated jurisdictions of that document.”

The doctors’ brief was joined by one from the Charismatic Episcopal Church for Life, which said “the members of this court have sworn an oath of office to uphold the law, defined as ‘this Constitution, and the law of the United States which shall be made in pursuance thereof.’”


Unless the marriage ruling is issued “in pursuance of’ the United States Constitution, then it is not binding on this court,” the church’s brief said.

The brief argued the Constitution had nothing to do with the Obergefell majority’s opinion, as Chief Justice John Roberts has asserted in his scathing dissent.

Mat Staver, chairman of Liberty Counsel, said there is “a growing number of voices calling for resistance to the lawless marriage opinion.”

“Supreme Court justices swear an oath to uphold the Constitution, not invent a new one,” he said. “When they put their personal opinions in writing without one shred of constitutional support, the people have a right to question their authority.”

Critics have raised a number of concerns about the Supreme Court opinion.

For one, two of the justices in the majority were asked to recuse themselves from the case because they had openly advocated for same-sex marriage, violating standards to preserve judicial impartiality. Without their votes, the case would have gone the other way.

Then there was the U.S. Supreme Court’s own opinion just two years earlier, in the Defense of Marriage Act case, in which the court said states have exclusive power over marriage.

And there also are those who point out that the Constitution doesn’t mention marriage but does dictate that everything not mentioned in the document is left to the states and the people.

As WND reported, Ruth Ginsburg, who voted in favor of same-sex marriage, has performed same-sex wedding ceremonies and made supportive public statements. Justice Elena Kagan also has performed same-sex weddings and promoted “gay” rights at Harvard’s law school while she was at its helm.

Critics contend the two justice appear to be violating judicial ethics rules that require recusal from a case in which there is even the appearance of a conflict of interest.

A brief from the Foundation for Moral Law explained that Canon 3A(6) of the Code of Conduct for United States Judges provides: “A judge should not make public comment on the merits of a matter pending or impending in any court.” 28 U.S.C. sec 455(a) mandates that a justice “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

Rabbi Jonathan Cahn, author of the New York Times bestseller “The Harbinger” and the inspiration behind the “Isaiah 9:10 Judgment” movie, criticized the Supreme Court’s assumption that it has the authority to redefine marriage.

At a prayer event in Washington, he said: “The justices of the Supreme Court took up their seats [in a hearing] on whether they should strike down the biblical and historic definition of marriage. That the event should even take place is a sign this is America of [George] Washington’s warning … a nation at war against its own foundation.”

Washington warned the smiles of heaven can never be expected on a nation “that disregards the eternal rules of order and right which heaven itself hath ordained.”

“Justices, can you judge the ways of God? There is another court and there is another judge, where all men and all judges will give account,” he warned.

“If a nation’s high court should pass judgment on the Almighty, should you then be surprised God will pass judgment on the court and that nation? We are doing that which Israel did on the altars of Baal,” he said.
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