The Constitution Does NOT “Guarantee” Same-Sex Marriage

In an interview with the New Yorker, President Obama said he thinks “the Equal Protection Clause [of the U.S. Constitution] does guarantee same-sex marriage in all 50 states.” He better think again.

It seems that every new law that’s being imposed on us is built on the foundation of the Fourteenth Amendment, the most litigated part of the Constitution. It’s a legal wax nose easily shaped to fit every liberal cause.

Any group, real, imagined, or manufactured can appeal to the Fourteenth Amendment for the creation of a new set of rights.

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These renegade judges are making laws out of thin air. There is no moral basis for their decision regarding sexual behavior which is fundamentally different from a person’s skin color.

How is it rationally possible to think that same-sex couples, when compared to heterosexual couples that were designed to procreate and live together as a couple made one (Gen 2:24), are in the same definitional category? The Constitution does not say a thing about same-sex marriage. In fact, it doesn’t say anything about marriage. It doesn’t say anything about murder, rape, stealing, etc. the Constitution rests on something more morally foundational.

There is no discrimination taking place when a statute says that people of the same sex cannot marry since the law applies to everyone equally. There is no special class called homosexuals. The entire LGBTQIAA alphabet soup is a social construct. People may want to identify as Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual as well as be an Ally of the movement, but making up designations does not change the fundamentals that make marriage what marriage is by Someone’s design.

But how do we arrive at a definition of marriage? Lawyers who have tried to defend “traditional” marriage have done a poor job since neither they nor the courts have a moral pou sto, a moral place to stand. What basis for morality are judges using today as the foundation for their rulings? There was a time when there was a prevailing worldview where it was agreed that God was the “Supreme Judge of the world,” as the Declaration of Independence states.

Lawyers trying to defend against same-sex marriage go before judges are ill-equipped since they, like the judges they face, have made a back room deal that there is no higher law than man.

 

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Gary DeMar

Gary DeMar

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