Justin Smith captures the essence of SCOTUS joining the American Left to destroy Christianity in a stealthy slow whittling manner.
The First Freedom
By Justin O. Smith
Sent: 7/4/2015 1:41 PM
"Natural law - God's law - will always trump common law. God will have the final word in this matter." - Alveda King, a Christian leader and Martin Luther King, Jr.'s niece
The Supreme Court's recent egregious and error-filled ruling in Obergefell v. Hodges, favoring homosexual marriage, has seriously endangered the liberty of all Americans, through its gross distortions of the documents fundamental to American liberty. This ruling, facilitated by five Progressive Justices acting like oligarchs, created through judicial decree a previously non-existent "constitutional right" to sin-based "gay marriage," and it showed all Americans that they can never again trust in the rulings of the Court, when Liberty hangs in the balance.
The First Freedom -- Religious Liberty -- is currently in crisis, because the many activist federal judges and "conservative" Justices, like Anthony Kennedy, are willing to move Left, even if they must defy the Constitution. Too many conservatives have refused to stand in defense of religious liberty, and they follow rules that Democrats ignore, as these Progressives unfold their Machiavellian plan. If religious liberty can be undone by decree, and the people allow it, then so too can every other liberty be undone.
The Framers of Our Constitution thought that Congress's "power of instituting impeachments," explained by Alexander Hamilton in the Federalist Papers, would be an "important constitutional check" and would provide "a complete security against the justices' deliberate usurpations of the authority of the legislature." [The Essential Federalist Papers; Edited by Steve Straub; The Federalist Papers Project; 10/3/13; Federalist 81- pg. 24 of document – pg. 25 of PDF] But, with Congress currently lacking will and backbone, any prospect of impeachment is virtually non-existent and still offers no remedy.
In March of 1788, Robert Yates, a New York judge, published the 'Anti-Federalist Papers' under the name "Brutus." [You can find the text to all Brutus Anti-Federalist essays HERE.] He noted that the Supreme Court would favor the increase of federal power at the expense of the states [Blog Editor’s opinion: These Brutus essays are must reads to ascertain Justin Smith’s exegesis of Robert Yates’ on SCOTUS, the States and Legislature – XI, XII, XIII and XV], just in the manner we now see state laws defining marriage as only between a man and a woman recently eradicated. Brutus also worried that SCOTUS could use its interpretive "principles, whatever they may be" to explain its own power and define that of the legislative branch through the threat of having its laws declared unconstitutional; so the precedent of Obergefell v. Hodges portends terribly evil events surrounding any future legislation on abortion or marriage.
Justice John Roberts' dissent proves the truth of Brutus's words:
"The majority's ruling is an act of will, not legal judgment. The right it announces has no basis in the Constitution ... The majority expressly disclaims judicial 'caution' and omits even a pretense of humility, openly relying on its desire to remake society according to its own 'new insight' into the 'nature of injustice.'" [Entire Roberts Dissent]
Isn't it curious and sickening that homosexuality, considered a mental disorder throughout the 1970s by the American Psychiatric Association and considered perverted and criminal by society until this century, is now supposedly acceptable, with homo-marriage "a constitutional right"?
Obergefell v. Hodges effectively nullified the votes of 50 million Americans, representing 60% of votes cast on the matter to date, and negated their affirmation that marriage is between one man and one woman. Thus, five Black Robes -- the Court -- trampled on the constitutional authority of the American people and our elected representatives to make marriage policy.
In part, Justice Antonin Scalia's scathing dissent stated [Search Page: “SCALIA, J., dissenting”]:
"The five Justices ... have discovered in the 14th Amendment a 'fundamental right' overlooked by every person alive at the time of ratification, and almost everyone else in the time since. They see what lesser legal minds ... John Marshall Harlan, Oliver Wendell Holmes, Jr., Learned Hand ... Hugo Black ... could not. ,,, These Justices know that an institution [marriage as defined as being between one man and one woman] as old as the government itself, and accepted by every nation in history until fifteen years ago, cannot possibly be supported by anything other than ignorance and bigotry. ... The stuff contained in today's opinion has to diminish this Court's reputation for clear thinking and sober analysis."
Any honest reading of the First Amendment's "free exercise" clause would conclude that Christians cannot be forced to violate their conscience through compulsory participation in, or recognition of, "gay marriages"; however, while the First Amendment guarantees the freedom to "exercise" religion, the majority opinion in Obergefell v. Hodges omits any mention of the free exercise clause, suggesting only that the Keepers of the Faith may continue to "advocate" and "teach" our views of marriage.
Without a doubt, a total purge of America's Judeo-Christian principles and values is underway in the public square and our education systems, and this "gay marriage" and sodomite deviancy nonsense is nothing more than a move to force Christ's faithful, under penalty of law to abandon Biblical Truth and accept sexual sin in their midst, with the endgame essentially being the silencing of all Christian dissent: I will not let them silence me.
Pat Buchanan recently asked (in 'Quo Vadis'),
"Does moral truth change? Are the Ten Commandments and Christian tradition and Natural law as defined by Aquinas just fine for their time, but not for ours?"
Todd Starnes (Fox News Radio) recently reported that Linda Barnette, from Grenada County-Mississippi, left her County Clerk position after 24 years of service, rather than issue marriage licenses to homosexuals. She wrote, "I choose to obey God rather than man," in her one paragraph resignation letter. Unfortunately, the Court Clerk of Rutherford County, my home, did not have the same moral compass, resolve and strength of conviction, issuing homosexual "marriage licenses" immediately.
This homo-marriage ruling comes straight from Hell's abyss, even though it supposedly still protects religious liberty. Aside from creating new furious debate, this ruling will also increase Christian persecution, through Leftist Progressive lawsuit abuse against Christian individuals, like Cynthia and Robert Gifford, who recently appealed a $13,000 fine they received for refusing to host a "gay wedding" at their privately owned Liberty Ridge Farm (Albany, NY) in June, as they argue that the lower court did not consider their constitutional freedoms and religious beliefs.
More than equality under the law -- more than toleration -- the "gay" community wants to force all Americans to validate their immorality. And, as such, Christians must refuse to comply with any ruling that forces us into any unwanted association with homosexuals, and we must demand that Congress restrains the Court by defunding it, if necessary: America -- do not obey this rogue Court's ruling.
Christians must tell the truth and fight back hard, if they don't want to become second class citizens. Tell about a nation founded on Religious Freedom and rights that don't end the moment we leave church, and fight for the 70% of Americans who claim to be Christians. Tell about the raw hatred for Christians that is driving the illiberal Progressives to crush religious freedom just as Marx and Engels mandated, and fight for religious freedom acts in all fifty states in order to counter today's open warfare on Christians by the Left.
By Justin O Smith
Edited by John R. Houk
All links as well as text embraced by brackets are by the Editor.
© Justin O. Smith