Supreme Court Abandons Rule of Law and Reason on Marriage


WASHINGTON, DC – A bare 5-4 majority of the Supreme Court today purports to invent a “fundamental right” for same-sex individuals to “marry” and attempts to forcefully impose this new-found right on the entire nation. The Court’s decision fundamentally rewrites the Fourteenth Amendment to the United States Constitution to radically redefine the bedrock institution of marriage, which is older than the Court itself.

The legally flawed decision of five unelected and unaccountable justices drew sharp dissents from the other four justices. Chief Justice John Roberts correctly observes that the Court’s activist opinion hijacks the democratic process and is not based on the rule of law: “[D]o not Celebrate the Constitution. It had nothing to do with it,” warns Roberts. Justice Scalia rightly calls the Court’s decision a “threat to American democracy.” The “pretentious” and “egotistic” decision, notes Scalia, “robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”

The misguided majority of the Court did manage to get one thing right. Even as they abandoned the Constitution and rule of law, they reaffirmed the right of the People to disagree with and oppose the Court’s unconstitutional encroachment: “[I]t must be emphasized that religions, and those who adhere to religious doctrines, may continue to advo­cate with utmost, sincere conviction that, by divine pre­cepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered. The same is true of those who oppose same-sex marriage for other reasons.”

“The American People must take the Court up on its invitation and must continue to uphold marriage as the union of one man and one woman,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The Court can no more redefine marriage than it can redefine gravity,” he added. “That five unelected justices in black robes call same-sex unions ‘marriage’ does not change the fundamental nature of true, authentic and natural marriage,” said Staver. “Today’s illegitimate decision not only robs Americans of the right to self-governance, but also robs children of the right and joy of having both moms and dads,” Staver concluded.

Hear Mat Staver’s reaction (audio clip).

Used with the permission of Liberty Counsel