The Right's Plan For Stopping Gay Marriage: Intimidate The Supreme Court

Take one guess what the topic of James Dobson's radio program was yesterday

With his ruling this week that Proposition 8 is “unconstitutional,” Judge Vaughn Walker nullified the will of 7 million Californians who voted to pass the state constitutional amendment in November ’08. On today’s broadcast, Dr. Dobson is joined by Chuck Colson, Dr. Robert George, and Professor Timothy George in a passionate discussion regarding imperious judges, what this ruling means, and what America might look like in the future if Judge Walker’s ruling is not overturned by a higher court of law. The panel also points out that this dramatic turning point in our nation’s history might finally stir believers to stand up and defend religious liberties in America.

Aside from all the outrage and hand-wringing about how the ruling is destroying religious freedom in American, the discussion did provide an interesting revelation into how the Religious Right plans to lay the groundwork for fighting gay marriage as this case makes its way to the Supreme Court.

It seems that for the Right, the role of the Supreme Court is not to make decisions based upon the Constitution's fundamental principles and values, but is rather to hand down decisions that reflect the baises of the people.  As such, the Right plans to start laying the groundwork now to make it clear to the Justices on the Supreme Court that they will not tolerate any decision that recognizes marriage equality:

Chuck Colson: The Supreme Court has not, ever, handed down a decision which flew into the face and teeth of a strong moral consensus against it. I don't think, if we build a real groundswell of opinion now over the next several months, that the Supreme Court will rule in supporting what happened in California two days ago. I don't believe it; I believe that this is an opportunity that we have to build a groundswell of support that will cause the Supreme Court not to legalize gay marriage.

Robert George: What we have here is an unconstitutional, indeed anti-constitutional decision, of a lower court judge and we have to hope that the Supreme Court of the United States, when the issue reaches them, will reverse the judge's holding. Chuck Colson's right: it might very well depend on whether we make clear to the Justices that the redefinition of marriage, the destruction of historic understanding of marriage as the union of man and woman simply will not be accepted by us, we the people, as legitimate.

Colson: I think we have to make an appeal to our secular neighbors and I really believe that if we present this case well, Jim ... believe me, if we present it well and if we speak to the common good and we speak to what is just and right in society, if we do that, we're going to get a lot of people joining us. And we're going to see those polls continue to show what they have been showing consistently, and that is that the American people do not want marriage to be anything other than a man and a woman. And when this case gets to the Supreme Court, if we have built a groundswell, we're going to win this case.

It seems that for the Religious Right, the only legitimate court decisions are ones that support their agenda and so the proper way to make sure that courts issue correct decisions is to seek to intimidate judges by making clear that any decision they don't like "will not be accepted by us, we the people, as legitimate."

So keep that in mind the next time you hear the Religious Right talking about the sanctity of the Constitution and the proper role of the courts.