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Friday, May 16, 2008
Chuck Colson :: Townhall.com Columnist
Overturning California's Gay 'Marriage' Ban
by Chuck Colson
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A decision by the California Supreme Court to declare unconstitutional any ban on gay “marriage” is sending shock waves across the nation. The 4-3 decision announced Thursday not only legalizes gay “marriage” in the largest state in America, but it also overturns both the referendum of the people and the representatives of the people.

The only way the California Supreme Court could override the people is by saying that gay “marriage” is a natural right. But nowhere do we see this in the federal or state Constitutions. While the founders of this country wrote in the Declaration of Independence, “We hold these truths to be self-evident that all men were created equal and endowed by their Creator with certain unalienable rights,” they never would have intended or imagined that those noble words would be used to support something like gay “marriage.”

In essence, these judges have created a new right out of thin air. Now, they base this decision, in part, on a precedent of the case in California declaring the ban on interracial marriage unconstitutional.

But over the centuries in Western civilization, public policy has recognized the vital role of the family—that the heterosexual family needed to be protected and defended in the law, because it provided crucial benefits for the well-being of society and family. That is different than a question of civil rights. Marriage always, everywhere until recent years, has been protected for the good of the state and the families.

Now, the problem is that the people of California cannot overturn this decision. Even an amendment to the California constitution will not help now. It all boils down to this: the need for a federal constitutional amendment—and soon, before other states start doing the same thing.

Well, there is at least one silver lining to this very dark cloud: Politicians can no longer hide behind the argument that we ought to leave this issue to the states.

A few years ago, members of my church sent 1,600 communications to Congress. Most of the congressmen answered by saying that they were against gay “marriage,” but they wanted the states to do it.

As a matter of fact, I talked to Sen. John McCain (R-Ariz.) before the last vote in the Senate, who told me he was against gay “marriage.” But as a federalist, he thought the issue should be left to the states.

Florida Sen. Bill Nelson (D) told me very much the same thing, but said that if the states could not stop it, then he would consider a constitutional amendment. Well, we have just seen the largest state defy the overwhelming majority of public opinion and legalize gay “marriage”—and others will follow.

If these men and women are really against gay “marriage,” as they say, this is the time to put up—to take the only course of action possible to stop it, which is a constitutional amendment. There are no other options.

I guess I am not surprised by what happened in California. I have seen judges out of control for years. What I cannot fathom is how they would do it under the guise of natural rights. If the democratic process means anything, it means the consent of the governed. We cannot let the courts do this, or we do not have a democracy.

So get busy, and start talking to these candidates. I know it is tough; I know we lost some pro-family members in the last election. But we have got to make this effort now. And in all likelihood, one of three candidates is going to be the next president of the United States.

I don’t ever make partisan endorsements. But Christians, I believe, will be watching closely what these three candidates and others running for the House and Senate say about this issue.

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About The Author
Chuck Colson was the Chief Counsel for Richard Nixon and served time in prison for Watergate-related charges. In 1976, Colson founded Prison Fellowship Ministries, which, in collaboration with churches of all confessions and denominations, has become the world's largest outreach to prisoners, ex-prisoners, crime victims, and their families.
 
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Why Not?
Why is it when many states were passing constitutional amendments against same-sex marriage we should leave the issue to the states, but now that some states recognize the need for equality, we need a Federal amendment?

Your conclusion is flawed
If this is a case of judges exceeding their proper role of reversing unconstitutional laws, the solution is not an amendment to the US constitution.

The correct solution is impeaching the judges that usurp their constitutional authority. It is unfortunate that you overlooked the correct solution.

The logical outworking
Gay marriage advocates say that gay marriage won't open the door to polygamy. Their reasoning is this: polygamy has been used for centuries to maintain male power over women and is an inherently abusive system.

The problem is that many feminists say the same thing about marriage in general. Therefore, using logic on their ideas (something liberals never do), the only type of marriage that ought to be allowed is same-sex, same-race marriage. Otherwise their would be an inherent power imbalance in the relationship.

This is why liberals don't bother to think.

Gary is right
The problem is not the constitution, the problem is the judges who need to be reigned in and held accountable. It makes no sense to change the constitution, which does not support gay marriage (or any other kind of marriage) as a right, when the problem is judges who ignore the law.

It is amazing
how conservatives can claim that gay marriages harm straight marriages without offering the slightest shred of evidence. Show us a couple whose marriage was harmed in Massachusetts, Canada, Spain, or any of the other countries with gay marriage.

On the other hand, when faced with mountains of reports from the most respected scientific organizations around the world, they dismiss global warming as a hoax. They similarly blow of studies showing the US pays more for health care while having poorer health. When Sicko shows footage of a doctor testifying before congress about how she was promoted for denying rightful payments to patients, they claim it was staged.

They expect the world to conform to a reality that exists only in their minds. And that makes all of us Christians look bad.

cleverness
If polygamy is a natural result of gay marriage, that should have followed in Massachusetts, Canada, Spain, and the other countries that allow gay marriage. Can you cite a location where this (or any of the other outcomes conservatives worry about) has happened?

No reasoning
If the article was about the relationship between the judiciary, government and the constitution then Mr. Colson could have chosen from a range of topics. Here he has not given a single reason why same-sex couples should be denied a legal wedding. Not one!
He should put up real arguments or say nothing, which is pretty much what he has done anyway.

Stuart

it's hardly amazing
Evidence is abundant Cam. Evidence that the people of California have been hosed, by a court that slants precariously to the Left. The people voted against Gay marriage and succeeded. They pay taxes; and what results is taxation without representation; thanks to the judge.

Anyway, if you're gay; what is it you're complaining about? Is it only YOU who has a right to your opinion? You should be jubilant and content with this phony decision; which will be overturned in short term. That won't be at all amazing. It'll be the beginning of the end for legal shenanigans by lesbians/homosexuals.

Then you can squawk.

.

furthermore, cam:


Furthermore, you say there's stacks of scientific evidence for Global Warming.

But there isn't much; just opinions. Based on computer models and green talking points. Naturally, since you're a liberal you swallowed mere opinions of other liberals. One of you lame phonies won a tainted Nobel Prize; awarded by liberals.

Now--THAT'S AMAZING. But NO; the evidence isn't all in. In fact now we see evidence of a ten year interval in which the globe was no warmer one year than the previous. TEN YEARS since the highest temperatures. Nothing about your argument is based on unimpeachable evidence /

Cam: most disingenuous neurotic.........
"Subject: It is amazing
how conservatives can claim that gay marriages harm straight marriages without offering the slightest shred of evidence. Show us a couple whose marriage was harmed in Massachusetts, Canada, Spain, or any of the other countries with gay marriage.

On the other hand, when faced with mountains of reports from the most respected scientific organizations around the world, they dismiss global warming as a hoax. They similarly blow of studies showing the US pays more for health care while having poorer health. When Sicko shows footage of a doctor testifying before congress about how she was promoted for denying rightful payments to patients, they claim it was staged.

They expect the world to conform to a reality that exists only in their minds. And that makes all of us Christians look bad."

Aside from the fact that borderline caretaker environments are psychologically harmful to children, regardless of the gender of the caretaker environment and its socioeconomic status, let's also pretend the the revision of the ALIMPC in 1955 based on the fraudulent and fallacious research of Alfred Kinsey and subsequent fraud by Evelyn Hooker was not antisocial behavior by neurotic legal and medical professionals. We're all aware that this is a neoconservative website as illustrated the number of Mitt Romney supporters including Hugh Hewitt. But facts are facts and the ire of the American people is raised significantly with each constitutional transgression, federal or state, by neurotic legal and medical professionals.



Dear Loki
I believe the decision was 4 to 3 for overturning the will of the people of California.

Seems fair to let the Supreme Court settle it. One vote shouldn't decide something so important to so many people.

dread
"Evidence is abundant"

In the context of my post, where is the evidence that gay marriages harm straight marriages? Althought 4,000 of them occurred less than an hour from my home, they have not harmed my straight marriage at all. If you're going to impose an inferior status on an entire class of people, you need to have specific examples to support your claims.

How do you explain the numerous pictures of glaciers taken around the world about a century apart that showing miles of melting? Show me one picture of a straight couple whose marriage has been harmed by a gay marriage.

Well...
Since the judges are beyond being held accountable, I'm in agreement that an amendment to the U.S. constitution is required. Otherwise we will see the Faith and Full Credit clause invoked by a federal judge in order to mandate gay marriage everywhere.

No actually
It was 4 to 3 in declaring the law passed was unconstitutional, I am surprised you can't understand the difference. That is the duty of the judicial branch of government.
Furthermore, the Legislature in California, who are put into office by the vote of the people, have twice passed legislation for gay marriage as well.

Confused comparisons
Cam, you need to stick with the topic under consideration - same-sex marriage, not global warming. The issue isn't whether a same-sex marriage has an impact - beneficial or adverse -on your personal arrangement, but what effect this diktat by only 4 of 7 jurists has on the population as a whole.

We have a Constitutional republic with a separation of powers between branches. One branch cannot dictate to the other with impunity. Bottom line: what the Judiciary can "give" it can just as easily "take away". Not very reassuring.

BTW, don't you find that your merely exhaling CO2 is considered a pollutant? And what are you doing about that?

When COURTS over rule the Voters .
When 4 nut judges that are Socilailist/Liberal Gay Moffa Minded over rule the Voters twice IN A ROW NOW BY 4.6 MILLION VOTERS IN 2002 61 % against a scant 31 % .Then The Gov;s not signing twice after his lberal house and senate failed they ask for voters of Calif to decide .
THEY DID ..TWICE !!!!!!
We have Marxism simply and sadly in our Courts . Not our Fore Fathers thoughts for a moral America .
GOD SAVE US !

What possible reason is there

equate to dissimilar types of relationships. The only way in which homosexual sexual activities and heterosexual sexual activities are the same is that both involve sexual orgasm.

Open
No, a major part of this issue is that nearly all of the opposition to gay marriage rests on arguments the opponents cannot prove.

"One branch cannot dictate to the other with impunity."

I think you mean to say that one branch cannot dictate to the voters without impunity. First of all, voters have two methods of recourse. They can vote for governors who will look for judges with opposing beliefs and they can remove the judges. Second, a problem arises when the voters vote for a constitution and an initiative that appears to conflict with the constitution. It's the judiciary's job to resolve the dispute. You lost this time.

ReCon-USMC
...We have Marxism simply and sadly in our Courts . Not our Fore Fathers thoughts for a moral America .
GOD SAVE US ! "

My, my you are quite the drama queen this evening aren't you LOL. This is EXACTLY what the fathers wanted. They rightly feared the tyranny of the majority and established safeguards to protect us from that evil otherwise we would still have state sponsored racial segregation

eddie
"What possible reason is there equate to dissimilar types of relationships. "

that is easy both are legal contracts between people nothing else why shouldn't a court record them

ReCon-USMC/
"Fudge Packers get HIV . "

my, my our little queen is feeling nasty tonight? What do you know about HIV? Anything?

"... I don't like paying for HIV and Aids health care !It's expensive I am told . "

Really? I think it is FAR less expensive than Bush's Iraq War and over 80% of folks don't seem to like that

Hal D. writes :

...We have Marxism simply and sadly in our Courts . Not our Fore Fathers thoughts for a moral America .
GOD SAVE US ! "

My, my you are quite the drama queen this evening aren't you LOL. This is EXACTLY what the fathers wanted. They rightly feared the tyranny of the majority and established safeguards to protect us from that evil otherwise we would still


Queen is fighting words to my side not yours .
I am sure our Fore Fathers would love to have paid Billions of dollars for HIV and AIDS HEALTH CARE HAL !
MEN WERE MEN ...... NOT ..... FILL IN THE BLANKS .

Evidence?
"But over the centuries in Western civilization, public policy has recognized the vital role of the family—that the heterosexual family needed to be protected and defended in the law, because it provided crucial benefits for the well-being of society and family."

I've heard this point a number of times from people who are against same-sex marriage. Can anyone provide actual evidence that:

1. shows the benefits that marriage has on society and family,
2. shows why these benefits come only from heterosexual marriage, and
3. shows why homosexual marriage would have an adverse effect on those benefits?

Let's be clear.
As a former taxi driver in a major American city, I learned more about such types than I ever wanted to know. Taxi driving is just like that.
1) They ain't gay.
2) It ain't marriage.
As a GROUP, and granting that there are exceptions to most everything, (and I've met some fine ones, but they weren't fanatical activists either), I learned that homosexuals were generally among the more miserable, hateful and abusive, selfish, narcissistic and dysfunctional bunch I've ever been exposed to.
"Gay" is in reality a truly gross misnomer for homosexuals and others deviating from the sexual norm.

But-bastardizing the language and dialog to turn words and tradition bottoms up...
Elevating the demonstrably sub-optimal to the same level as the optimal...
Demonizing the healthy and normal as the backward and bigoted...
This is how the left indulges it's sociopathic compulsions to 'thubvert the dominant paradigm' and 'bring it all down man!'...
Leave the rest of us alone please.
Leave the institution of marriage alone as well please.
I don't care what they do with other adults, in private. Period. I've always felt that way.
If, as a group, they had any sense that is exactly how they would want it.
But no. THEY are the ones obsessed with thier behavior. They are the zealots on a crusade.
Call it a homosexual union if you want.
Because it aint marriage and never will be.
(You) don't get to re-define the world according to your own delusions of some 'liberation' and you are NOT smarter than society or history or nature.
And besides, the more you try to shove your stuff down everyone elses throats the more YOU breed the bigotry and hatred and contempt YOU (activists) are becoming the real champions of.
Sorry to sound so harsh.
That is what happens when you won't leave people alone.






In 5000 years of written history
we have no society that has ever sanctified homosexual marriage as a contract recognized by the state.
Ancient Egyptians, Greeks, Romans, Chinese, et. al. were perfectly aware of homosexual persons, had no laws against them, had no religious prohibitions against them, but those societies did not officially legalize homosexual marriage.
The modern non-Christian cultures of Buddhism, Hinduism, Taoism, or any animism do not legitimize homosexual unions as contracted by a polity.
Human beings have had many different marital arrangements throughout those times and societies, including polygamy and polyandry, and royal incest (Egypt, Karia,), but none sponsored homosexual marriage.
Human beings have changed very little over those 5000 years, and I doubt we are today any smarter than the Greeks who conceived of democacy or the Romans who built roads whose beds are in use today in Europe.
That a few isolated judges in the US *discover* unenumerated rights for a sexual practice not otherwise deemed legal protection anywhere in world history is anomalous and stupifying and probably socially suicidal.



ReCon-USMC
"...Queen is fighting words to my side not yours .
I am sure our Fore Fathers would love to have paid Billions of dollars for HIV and AIDS HEALTH CARE HAL ! "

What Billions? Exactly how much of the Fed Budget goes to US AIDS/HIV healthcare? Line items please.

"MEN WERE MEN ...... NOT ..... FILL IN THE BLANKS ."

Isn't there significant information available to show that Abe Lincoln frequently slept with his head of security when his wife was out of town? Get over it homosexuality has always been there. Can't you conservatives stay out of America's bedrooms and lives?

Hall writes ,,
l Donahue


"... I don't like paying for HIV and Aids health care !It's expensive I am told . "

Really? I think it is FAR less expensive than Bush's Iraq War and over 80% of folks don't seem to like that

Welfare free's no One nor does Pacifism , War does EVEN THOUGHT LIBERALS BELIEVE IN HUMAN RIGHTS ..
YEAH RIGHT !



ReCon-USMC
HUH? Want to try writing that again?

Hal D. writes :

Isn't there significant information available to show that Abe Lincoln frequently slept with his head of security when his wife was out of town? Get over it homosexuality has always been there. Can't you conservatives stay out of America's bedrooms and lives?
---------

Hal your No Abe Lincon . Your no more than half male Marxist Bar guy looking for a night in the HAY with who- ever .
Comparing Lincoln is about like comparing You and Oboma with James Keats .. poet .
Words matter but deeds matter far more .
Think ...... even if thats new for you . Most on the net want your expensive Brain if you die . But why ?
It's simple because it's never been used and is totally unused .


Hal D. writes :

HUH? Want to try writing that again?

_______
War for Human Rights ,Freedom and Democracy free's the innocent and inslaved . Pacifism with no Warriors makes slaves owned by

Saddams , Hitlers ,Stalins , Castros , Maos and the Dear Leaders .
HUH ?

ReCon-USMC
"Hal your No Abe Lincon ."

See there you go again LOL I never compared myself to Abe after all he was apparantly not straight

"Your no more than half male Marxist Bar guy looking for a night in the HAY with who- ever ."

LMAO wow wrong on all counts

"..Words matter but deeds matter far more . "

And this is where extreme conservatism falls apart since it seldom accomplishes anything worthwhile

ReCon-USMC
"...War for Human Rights ,Freedom and Democracy free's the innocent and inslaved . Pacifism with no Warriors makes slaves owned by

Saddams , Hitlers ,Stalins , Castros , Maos and the Dear Leaders . "

Well dispite your name it appears that you have not been in harms way. Am I correct? War is a failure plain and simple but it must be resorted to when all other means fail. There is NO glory in war, none. Those names you listed were all militarists and war lovers you have more in common with them from the sound of it...

King Liberal
"... i hate to see you waste anymore time on this nit-wit.

If this is the kind of person townhall wants to embrace let him stand as one of their fine represenatives but clearly you must know the old adage about pearls and swine? "

Nah I am working on a deadline here and only pop in and out before I revise yet again. It is important that they saw it all - people drop in and see for themselves. I often refer Republicans in here to lurk and observe - they usually run away in horror often changing registration LOL

King Liberal
Quoting from the Scriptures, are we? The "old adage" about pearls and swine actually isn't an old adage after all. It comes from the Bible, they are words that Jesus spoke. Shall I quote the verses for you here so that you can accurately make your point in later posts? Okay, here goes, now pay attention!

"Do not give dogs what is sacred; do not throw your pearls to swine. If you do, they may trample them under their feet, and then turn and tear you to pieces." Matthew 7:6


dear Cam: your answer
You ask what harm is done to any heterosexual marriage, by (the equivalent) Gay marriage? There's no harm. But the marriage bond is trivialized; no longer meaning what it meant prior to becoming equivalent to a farce. Real matrimony is a sacred estate.

Marriage between man and woman (spouses) is ratified even in the secular (much more the sacrament) aspect, by the marital act; consummation of marriage in the biological work of procreation. So much so that; if a union wasn't consummated in at least one marital act it's null and void. No marriage has taken place in the eyes of the people, or the law or the Church. We call it an annulment; it's invalid. Mutual love isn't enough to validate what isn't normal.

That means on the natural plane gay marriage by definition is invalid; never having attained consummation. There is no marital act; only stimulation to orgasm and fake sexual intercourse. Buggery, or sodomy.

That isn't even remotely a marital act. There can be no true marriage; it is ipso facto invalid.

You can be in love; give the ring, hold the ceremony; a reception and announcement. But genuine marriage becomes consummated by man and woman only in & through the natural marital act: live sperm uniting with egg. Or that primary intent in a sexual union (even if the pair is infertile.) Gays are not even close to married. Draw up the paper, say the words, be joyful; it still isn't marriage.

Completely baffled
I've never really understood what the big deal is about same-sex marriage. This article and following posts do nothing to clear things up for me. I read that it can't happen because it hasn't happened in the past (just like moon walks, miracle drugs, skyscrapers, etc.). I read that it could lead to polygamy (um, isn't that primarily a heterosexual problem, based on recent news reports?). Then there's something about taxation without representation (but don't gay people pay full taxes, without enjoying full benefits? Should we give gay people a tax break?). I wish someone could craft a genuine fact-based, thoughtful argument against gay marriage. The weakness/anger/drama surrounding the anti-gay marriage arguments makes me think more that gay marriage must be the right thing to do.

Some more
Now I see the argument that it trivializes marriage for straight people. Again, an opinion, not a fact. Aren't there any facts we can draw on to condemn gay marriage? Frankly, nothing trivializes marriage, hurts kids and destroys families like divorce but no one seems to want to outlaw divorce. That statement can be backed up with facts. C'mon people, arm me with some anti-gay marriage facts! Thanks.

Marriage honors

the heterosexual relationship. This honor is present because of the importance of the heterosexual relationship to the species homo sapien. No other relationship has anywhere near the importance to the species as does the heterosexual relationship. Therefore, it is stupid to decide to demean the honor rightly bestowed on the heterosexual relationship through marriage by equating any other type of relationship human or otherwise with it. Consequently, any benefit bestowed on the married that is rightly associated primarily with marriage and marriage's attendant rights and responsibilities should be reserved strictly to the married.

I do not object to outlawing divorce.

I agree divorce creates much injury and misery. There would be less miserable and injured if divorce were not an option.

Sanctity of marriage/Eddie's post
Eddie, those are lofty sounding words but what do they mean with regards to this argument? If heterosexual marriage is so all-fired hallowed, then where is an equal disdain among the anti-gay crowd for divorce? unmarried heterosexual couples who co-habitate and yes, have hallowed heterosexual sex without the benefit of marriage? Worse, have kids without marriage? Why aren't you equally vocal about abolishing divorce, outlawing sex outside of marriage and unwed parenthood, etc.? The anti-gay marriage views are extremely narrowly tailored, and extremely inconsistent, if the overriding intent is to protect the institution of marriage. That's what I find confusing and disturbing. Are you sure this isn't just hatred of gays?

to jeffery R05
Ok; assume it won't matter to straight people?

Why should it matter so to Gays?

Because; the efforts are toward LEGITIMIZING what looks like marriage; not truly marrying. It's hypocrisy: "Look at us, we're married!" A FARCE.

You love one another? Fine; nobody has a right to criticize. You desire equal rights for yourself & your significant other? NO;

You ask for more than equal rights. You want extraordinary rights, over and above MY rights. Because you already have my rights.

You have the right to marry a partner of the opposite sex, Same as I have. More than that is a farce. You don't care if marriage is made a farce.

I myself am against divorce, For much the same reasons. It devalues the sacrament of Matrimony and destroys families. Divorce is legal. But nothing can make it moral. Homosexuality destroys the human family as well. It's now seen as legal. (A farce.) But never moral, thank God.



Thanks Dread
Dread,

I think I see what you're saying but I don't think gay people are trying to make a farce of marriage. In fact, like us straight folks, they see how wonderful it is, and they want in on the action. Plus as marriage became a legal rather than religious institution, there are frankly practical legal protections/tax benefits, etc. that I suspect gay couples would want. I also worry about the status of children of gay couples. Finally, I have a friend at work who confided in me that he hates his wife and theirs is a sexless marriage (they do have children). Is his marriage null and void now? Thanks for chatting.


again, hypocrisy


It's not intellectually honest, Jeffery:

" . . . where is an equal disdain among the anti-gay crowd for divorce? unmarried heterosexual couples who co-habitate and yes, have hallowed heterosexual sex without the benefit of marriage? Worse, have kids without marriage? Why aren't you equally vocal about abolishing divorce, outlawing sex outside of marriage and unwed parenthood,

You look for justification of a sin by pointing out other sins?

God is the One who condemns the act of sodomy and impurity. Man would never have that authority. (Man corrupts things.) But that should not earn you a pass. Today we're talking about the normalization of a crooked relationship. Giving social acceptiblity to dirt; making it as good as gold. Marriage between man andl wife is gold; exalted.

God condemns every immorality, don't you worry.