Lawless rebellion masquerading as
law, Jan 12, 2015 8:54 AM
I am sending all of our Liberty Counsel partners the text of
an eye-opening Op-ed exposing the lawlessness brought about by misguided judicial
activists in the State of Florida.
The following Liberty Counsel editorial will ran Sunday's
Gainesville (Florida) Sun. Please see the Op-ed below and help us defend
natural God-ordained marriage - Mat.
The New Year has brought a new era to Florida: lawlessness.
Clerks of court throughout the state began Tuesday issuing marriage licenses to
same-sex couples, disregarding their oaths to uphold the Florida Constitution.
Not to be outdone, Florida Circuit Judge Sarah Zabel, a day earlier, ordered same-sex "marriages" to begin
immediately in Miami-Dade County. More troubling than her ruling, however, was
the fact that she immediately inserted herself into the ensuing celebration of
the litigants for whom she had just ruled by eagerly officiating their
"marriages," destroying any impression of impartiality in an active
case. Lawlessness is masquerading as law.
When 5 million Florida voters passed the Florida Marriage
Protection Amendment in 2008, they did not act out of hate or
"animus," as they have been spuriously accused by a few insular
judges. Rather, Floridians democratically affirmed in their Constitution the historical,
natural definition of marriage, in accordance with the millennia of history in
which marriage has been recognized as the unique, comprehensive union of a man
and a woman, and the foundational social institution upon which the future of
children and family, and the state and nation depend. Natural marriage uniquely
fosters
stability, permanency, prosperity, and the optimal healthy
environment for children. Outcomes for children are best when raised with a mom
and a dad; same-sex "marriage" permanently robs children of ever
having a mom and a dad. No judge has provided a sufficient reason for dismantling
this granite foundation and replacing it with the shifting
sand and artificial construct of same-sex
"marriage."
To be clear, no Floridian-and certainly no judge-defines
marriage. The Florida Marriage Protection Amendment memorialized, but did not
create, the definition of marriage as what it always has been and always will be.
Marriage is defined by its nature, and predates government, which
is limited to regulating marriage in accordance with its
nature.
Do not be deceived: Same-sex "marriage" is NOT the
law of Florida. The now infamous opinion of Judge Hinkle in the federal case
Brenner v.Scott does not require the issuance of marriage licenses to same-sex couples
throughout the state, regardless of how the order has been (intentionally)
misrepresented by the media and others. But Florida
clerks are using the opinion as cover to violate their oaths
and the Florida Constitution to issue illegal licenses. Nor is legal same-sex "marriage"
in Florida inevitable: All of the Florida marriage rulings are on appeal, and
since those rulings four federal judges in other cases have upheld the rights
of states to recognize the natural definition of marriage. A Florida appellate
court or the U.S. Supreme
Court will have the final say. Until then, natural marriage
is the law of Florida.
Florida clerks of court should respect Florida's citizens
enough to uphold their oaths of office and the legal, democratic process that will
ultimately decide Florida law. Florida clerks are not allowed to pick and
choose which laws to follow. Until a court with proper jurisdiction rules
otherwise, Florida clerks in all but two counties are bound by Florida's
Constitution and its memorialization of the historical, natural definition of
marriage as the union of one man and one woman. No matter how any of these clerks
personally feels, issuing marriage licenses to same-sex couples is lawless.
When the Supreme Court struck down the federal Defense of Marriage
Act (DOMA), Liberty Counsel warned that the decision would lead to legal
misinterpretation, judicial activism, and unbridled intolerance toward those of
us who insist that marriage is the union of one man and one woman.
Regrettably, that warning has become prophetic in Florida
and in far too many other jurisdictions across America. Defending natural marriage
is among Liberty Counsel's core missions. We have no choice but to win the
battle in support of natural marriage!
Comments
The federal
government has no standing to establish rules governing a sacrament. They can remove whatever tax advantages or
disadvantages they have regarding marriage if they like. Any federal law attempting to control
marriage is unconstitutional. It is
certainly not included in the 14 enumerated powers given to the federal
government in the Constitution (as written).
The 10th Amendment requires this to be referred to the states
and the people. We the people should
prevent the states from interfering and leave it to the churches who administer
the sacraments.
Norb Leahy,
Dunwoody GA Tea Party Leader
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