Following in the wake of Judge Vaughan Walker’s ruling in the Prop 8 case, Chuck Colson declared that the Religious Right must prevent the Supreme Court from ever ruling in favor of gay marriage by building a groundswell of opposition in order to convince the Court that any ruling recognizing the right to marriage equality will not be accepted by the people.
Today, the National Organization for Marriage’s Brian Brown was on “Wallbuilders Live” with David Barton and Rick Green and explained that the effort to unseat three judges in Iowa was part of an effort to send just that sort of signal to the Supreme Court:
Barton: I guarantee you, if these judges can be thrown off in Iowa, you watch as state after state after state as people start going and saying “time for accountability, time to get our government back.” I’m loving it, it’s going to be fun.
Green: It’s great, this is really opening the flood gate in a very positive way.
Brown: Many people that have commented on what we’re going through right now, especially with the Proposition 8 case in California, are looking at the Iowa judicial retention election – and even though there are many important elections about the country – they’re actually saying this is the most important election because it will send a clear signal to the Supreme Court and other judges that they don’t have the right to make up the law out of thin air. Their job is to interpret the law, it is not to be out robed masters and judicial activists imposing their will on the rest of us.
And so if the people of Iowa do what I think they’ll do and stand up and remove these judges, there will be reverberations throughout the country all the way to the United States Supreme Court.
And just in case you were operating under the delusion that the Religious Right would actually accept any Supreme Court in favor of marriage equality, rest assured that they most certainly will not:
Brown: Ultimately if this Perry vs Schwarzenegger case out of California goes to the Supreme Court – and I’m confident that we will win at the Supreme Court – but if we were to lose and if the Supreme Court was to force same-sex marriage on, for example, Texas or Alabama or states that have voted by something like seventy-five percent to support marriage as a union of a man and woman and you have the US Supreme Court throwing out the vote of these states, I think you’re going to have a strong movement for a federal marriage amendment. And that would also be a very clear sign to the courts that they are bound by the law and they don’t have the right to simply put into law their own personal preferences.
You also have under Article III in the Constitution the idea that Congress could limit the appellate jurisdiction of some of these federal courts, so that’s another way in which, that’s already in our law, that Congress could limit the ability of the federal courts to force same-sex marriage on the rest of the country, or any other issue on which the court’s overstepping its bounds.