Terry Jeffrey

The Supreme Court over the past four decades has issued some decisions that not only defied the Constitution, but imposed changes on our society that go so far as to challenge fundamental principles of our civilization.

For example, our Founding Fathers believed all men are endowed by their creator with an inalienable right to life -- a principal derived not only from natural law, but also from the commandment thou shall not kill.

In 1973, the court said that the 14th Amendment, ratified after the Civil War to ensure equal protection of the law to all people in the United States, protected the right of a woman to contract with a doctor to kill an unborn child.

Since then, tens of millions of unborn babies have been denied their right to life.

In 1986, in Bowers v. Hardwick, the Supreme Court turned back a challenge to the Georgia law that prohibited same-sex sodomy.

In a concurring opinion, Chief Justice Warren Burger made a telling point. "I join the court's opinion, but I write separately to underscore my view that, in constitutional terms, there is no such thing as a fundamental right to commit homosexual sodomy," said Burger.

"As the court notes, the proscriptions against sodomy have very 'ancient roots,'" he said. "Decisions of individuals relating to homosexual conduct have been subject to state intervention throughout the history of Western civilization. Condemnation of those practices is firmly rooted in Judeo-Christian moral and ethical standards."

"To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching," said Burger.

Seventeen years later, in the case of Lawrence v. Texas, the Supreme Court did just that. It reversed Bowers and declared that same-sex sodomy was indeed a right.

This time, Justice Antonin Scalia, in dissent, pointed to the opinion the court had so recently issued in Bowers -- and warned that declaring sodomy a right might be only the beginning.

"State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers' validation of laws based on moral choices," said Scalia. "Every single one of these laws is called into question by today's decision; the Court makes no effort to cabin the scope of its decision to exclude them from its holding."

Now, the Supreme Court has agreed to take up the Obama administration's appeal in the case of Sebelius v. Hobby Lobby.


Terry Jeffrey

Terence P. Jeffrey is the editor-in-chief of CNSNews

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