A federal judge’s decision to strike down Virginia’s ban on same-sex marriagehas unsurprisingly stoked the ire of conservatives.
Family Research Council head Tony Perkins offered a typical rebuke of “activist judges” and the “arrogant judiciary,” and once again warned that marriage equality will in fact lead to unprecedented inequality.
It appears that we have yet another example of an arrogant judge substituting her personal preferences for the judgment of the General Assembly and 57 percent of Virginia voters. Our nation’s judicial system has been infected by activist judges, which threaten the stability of our nation and the rule of law.
This ruling comes on the heels of Attorney General Mark Herring’s refusal to fulfill his constitutional duty to defend the state’s marriage law. His lawlessness is an insult to the voters of Virginia who rightfully expected elected officials to uphold the laws and constitution of the state, not attack them as Herring has done.
An arrogant judiciary is only one of the major consequences of the drive to redefine marriage. Increasingly, Americans are being forced to finance and celebrate unions that not only step on free speech and religious liberty but also deny children a mom and a dad. Rather than live-and-let-live, this court by redefining marriage will create a level of inequality that has never been seen in our country as people are forced to suppress or violate the basic teachings of their faith,” concluded Perkins.
Mat Staver of Liberty Counsel and Liberty University Law School, which is based in Virginia, said the judge must not have ever read the Constitution.
“This decision is outrageous and legally flawed. Judges would be well-served to read the U.S. Constitution and not invent or rewrite it,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The Constitution cannot be changed by the stroke of a judge’s pen, nor does it bow to a judge’s personal ideology. The overwhelming majority of Virginia voters who make up ‘we the people’ voted to affirm natural marriage. Same-sex marriage, as a policy matter, sends the message that children do not need moms and dads. There is ample evidence that children fair [sic] best when raised with a mother and a father. Same-sex marriage is not the equivalent of natural marriage. Judges should be careful to render decisions grounded in the Constitution and the rule of law. Otherwise, judges and courts will render themselves impotent when the people lose confidence in the judicial system,” Staver continued.
The Family Foundation of Virginia, meanwhile, blamed Valentine’s Day for the ruling, which the group says threatens “our entire social fabric.”
“The timing of this decision certainly calls into question Judge Wright Allen’s objectivity,” a Friday morning statement from the group stated. “This rushed release just prior to Valentine’s Day reeks of political show, making her ruling less a legal argument and more a press release. It’s disappointing that a federal judge would so blatantly expose her personal political agenda at the expense of not just marriage, but our entire social fabric.”
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“Regardless of one’s stance on marriage, the people of Virginia were disenfranchised by this ruling as our voice and our vote that amended our Constitution have been rendered meaningless by a single federal judge with the assistance of our own Attorney General,” the Family Foundation statement read. “Protecting a timeless institution for the well-being of children was the will of the overwhelming majority of Virginians and this ruling denies this important state interest as it places the desires of adults over the outcomes of children.”
National Organization for Marriage president Brian Brown said the “terrible decision” must be reversed:
This is another example of an Obama-appointed judge twisting the constitution and the rule of law to impose her own views of marriage in defiance of the people of Virginia. There is no right to same-sex ‘marriage’ in the United States constitution. In fact, the U.S. Supreme Court has said that states have the preeminent duty of defining marriage. The people of Virginia did just that in voting overwhelmingly to affirm marriage as the union of one man and woman. That decision should be respected by federal judges and we hope that the U.S. Supreme Court ends up reversing this terrible decision. This case also leaves a particular stench because of the unconscionable decision of Attorney General Mark Herring to not only abandon his sworn duty to defend the laws of the state, but to actually join the case against the very people he is duty-bound to represent.
Judson Phillips of Tea Party Nation blasted the “imperious federal judiciary” and the “liberal state apparatus,” warning that they are trying “to advance a social experiment that changes America from the nation that we know into something totally unrecognizable” and “will force you to support homosexual marriage.”
The case, if it can be appealed must be appealed to the Fourth Circuit Court of Appeals. The problem is that appellate courts have to rule based on the record from the trial court. The record is the transcript of witnesses’ testimony and other evidence the trial judge heard.
With Virginia’s Attorney General refusing to defend the case, the case might not even be appealed and even if it is, the record may be very limited.
Once again, we see an imperious federal judiciary overruling the voters of a state to advance a social experiment that changes America from the nation that we know into something totally unrecognizable.
And with the striking down of this law, can the liberal state apparatus be far behind? That liberal state apparatus is the one that will force you to support homosexual marriage whether or not it conflicts with your religious beliefs.
