Same-Sex Marriage Is Being Imposed on the Nation by Judicial Decree

From Dr. Wayne Grudem in a post at the Illinois Family Institute:

It is deeply troubling to me to see a repeat of the situation in 1973 when the Supreme Court, by the exercise of raw judicial power apart from any Constitutional or legislative warrant, imposed abortion rights on the entire United States, against the will of the people. That decision remains untouched today, 41 years later.

Now by its October 6, 2014, abdication of responsibility in refusing to take any of the five challenges to same-sex marriage decisions that were sent to it on appeal, the Supreme Court has allowed the judges on the 13 circuit courts of appeals to impose their idea that same-sex marriage is a “Constitutional right” on most of the states in the United States. (Though the Constitution says not a word about same-sex marriage, and the original authors and states who endorsed the Constitution would have strenuously objected that no words in the Constitution meant or implied that.)

Here is the history: so far, 31 of the 50 states have actually voted to amend their state constitutions to define marriage as only between one man and one woman. In only 3 states, the votes in statewide referendums have gone the other way (Washington, Minnesota, and Maine), and in 10 additional states the legislatures have approved same-sex marriage (Connecticut, Delaware, Hawaii, Illinois, Maryland, New Hampshire, New Jersey, Rhode Island, Vermont, New York).

But the votes of the people in the 31 states, and their constitutional amendments, are now being struck down with the stroke of a pen by judges in one state after another.

Here’s how it happens:

(1) Advocates of same-sex marriage can always find some federal judge in every state who will issue a ruling imposing same-sex marriage on the state (there are 678 district judgeships in the United States).

(2) Then these decisions are appealed to a Court of Appeals. It is these Courts of Appeals that have been issuing decisions that overturn state constitutional amendments and impose same-sex marriage on the states, against the will of the people in those states. These decisions of the Courts of Appeals can then be appealed to the Supreme Court, but if it refuses to take the case (as it did five times on October 6), then the decision of the Court of Appeals stands as final law in that judicial circuit, covering several states.

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