The end of ‘We the people’

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Cal Thomas
Published: October 20, 2008

By CAL THOMAS

Tribune Media Services

Anyone desiring a preview of what the federal judiciary would look like under a Barack Obama administration need look no further than a narrow ruling by the Connecticut Supreme Court allowing same-
sex “marriage.”

By a 4-3 margin, the high court deprived Connecticut citizens of the right to limit marriage and, thus, societal approval, to the legal and covenantal relationship between a man and a woman.

The ruling cannot be appealed, in keeping with the dictatorial mind-set of the majority.

The court majority bought the legal pabulum served up by attorneys for the plaintiffs that denying same-sex couples the right to marry is akin to once prevalent laws prohibiting interracial marriage, as well
as laws that discriminated against women for certain jobs and relegated blacks to “separate but equal” schools and other public venues.

Writing for the majority, Justice Richard N. Palmer revealed his acceptance of the liberal doctrine of a “living Constitution” constantly in need of updating in keeping with the times: “...our understanding of
marriage must yield to a more contemporary appreciation of the rights entitled to constitutional protection.” Using such a standard, if the “understanding” of the endowed rights of blacks were to devolve to
a pre-civil rights-era acceptance of black inferiority, would Justice Palmer argue that blacks would then have to give up their rights in order to serve “contemporary appreciation”? And what else would
Justice Palmer and his three colleagues allow to be determined by contemporary whim?

Peter Wolfgang, executive director of the Family Institute of Connecticut, accused the majority of behaving like “robed masters” and “philosopher kings.” He added, “This is about our right to govern
ourselves. It is bigger than gay marriage.” He is correct, of course, but such notions are beginning to fade as more of us either don’t care, or are willing to trade a ruling class — in this case the courts —
for individual freedom and the right to shape societal norms and mores from the bottom up, not the top down.

Connecticut becomes the third state — Massachusetts and California are the others — to sanction same-sex marriage. California has a measure on its November ballot, Proposition 8, to reverse a state
Supreme Court ruling and preserve marriage between men and women.

An indication that the objectives of the gay rights movement go far beyond what any two individuals wish to do with each other can be seen in what California has tried to impose on heterosexuals wishing
to marry. According to Focus on the Family’s Citizen Link Web page (http://www.citizenlink.org/content/A000008385.cfm), some county clerks exchanged the words “bride” and “groom” on marriage licenses
for “Party A” and “Party B.” One clerk rejected the application of Rachel Bird and Gideon Codding because they wrote in the traditional designations for themselves. It took a lawsuit by the Coddings,
decided in their favor on Oct. 3, for the state to back down on its “Party A” and “Party B” requirement. Couples will now be allowed the “option” to designate themselves as they wish.

Under an Obama administration, it is not far-fetched to see the day when liberal federal judges decide that religious organizations must lose their tax exemptions should they refuse to employ
homosexuals or others they regard as engaging in deviant behavior.

Court challenges against those who believe homosexual behavior is sinful seem to be occurring with greater frequency. According to Citizenlink, The Ocean Grove Camp Meeting Association in New
Jersey, which is affiliated with the United Methodist Church, “lost part of its property tax exemption for refusing to allow a same-sex civil union ceremony to be conducted on its property.” The state is also
investigating the organization after it was charged with violating New Jersey’s nondiscrimination statutes. New Jersey has a religious exemption law that is supposed to protect churches and religious
organizations, but it hasn’t in this instance, which raises questions about their effectiveness. The aim of the gay rights lobby is to destroy all remnants of biblical values and societal norms.

Gay rights advocates will take their agenda to federal courts as soon as sufficient numbers of liberal judges are there to give them what they want. Watch them vote in overwhelming numbers for Barack
Obama. He is their future. This election is, among other things, about the future of the majority and whether we want this country to be shaped by the courts, or by “we the people.”

Direct all MAIL for Cal Thomas to: Tribune Media Services, 2225 Kenmore Ave., Suite 114, Buffalo, N.Y. 14207. Readers may also e-mail Cal Thomas at .

Reader Reactions

Posted by ( RonCharest ) on October 24, 2008 at 10:34 am

Actually, Phdee;

Lots of people like sex. The difference is that Republicans make a huge issue out of who can have with whom, when, and under what circumstances.  They claim their desires for laws controlling sex are based on “good moral values.“

Then they go out as individuals and flagrantly violate all those “good moral values” they try to impose on everyone else.

“Hypocrite” is just one word that comes to my mind in thinking about the Republican Party’s “Family Values” hype.  There are lots of other words also, but using those words here would probably get this post censored.

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Posted by ( phdee ) on October 23, 2008 at 9:38 pm

Ron, you are correct about Ala being the last state to ban miscegenation.  However, I think the Ala law is still on the books - just not enforceable. 

GSU:  you’re right.  Liberal judges have done things in courts the Congress could or would not do.  In the past racist Southern congressmen were the leaders in preserving slavery, miscegenaation, racism, separate but equal, etc. The ignorant, uneducated,  and racist white trash Southerners kept re-electing them.  Remember Jesse Helms, Strom thurmond, et al? Are you you saying, as a die-hard Repub, that these liberal judges were wrong in declaring segregation unconstitutional?  I sense you do. I a;so see California (San Francisco) is trying too have a vote on prostitution.  Ideal for Repubsz, who just love sex.

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Posted by ( RonCharest ) on October 23, 2008 at 3:54 pm

At the time the US Supreme Court ruled on “Loving v Virginia,“ 27 states had bans on interracial marriage.  The US Supreme Court’s decision made those bans un-enforcable. 

The last state to remove their law banning interracial marige from their books was Alabama, in the mid 1990s.

So I ask again;  Did the people of those 27 states have the right to decie people of different races could not marry?

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Posted by ( rafaelva ) on October 23, 2008 at 8:23 am

You know, if the people of a STATE want a same sex marriage ban to stick, they amend their constitution, thus their courts cannot overturn it, and it becomes the perogative of the US Supreme Court to determine if the Amendment conforms with the US Constitution.

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Posted by ( Godsaveus ) on October 22, 2008 at 9:28 am

<shaped by the courts, or by “we the people.>
Liberal judges ere doing in court what liberals can’t do in congress.
California is other example.

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Posted by ( RonCharest ) on October 21, 2008 at 6:46 am

Is;

“By a 4-3 margin, the high court deprived Connecticut citizens of the right to limit marriage and, thus, societal approval, to the legal and covenantal relationship between a man and a woman. “

the same as the unanimous US Supreme Court Decision of 1967 “Loving v Virginia?“ That was the decision which deprived all US citizens of the right to limit marriage and, thus, societal approval, to the legal and covenantal relationship between men and women of the same race. 

You know, like the way I am married to a Chinese woman.  So I ask Mr. Thomas:  Is interracial marriage wrong?  Should US citizens have the right to decide that people have the right to limit marriages to only people of the same race? 

Inquiring minds want to know.

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Posted by ( rafaelva ) on October 21, 2008 at 5:00 am

I can only agree with you Sammy B. Though I am not an advocate of same sex marriage, I do not believe that religious law should be imposed upon the state.  Nor should the state require religion to change it’s tenets
to conform with the state, except where those tenets invoke harm. 
A state permitting same sex marriage is not consenting to a spiritual union,
simply an economic merger.  This holds true for divorce as well, because in a divorce, the state’s role is to insure and equitable distribution of assets between the parties. 
  Religions should therefore, impose their rules upon themselves, and not extend their rules beyond their own congregations.

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Posted by ( Sammy B ) on October 21, 2008 at 12:36 am

Allowing same-sex couples to file joint tax returns does nothing to impose on the rights of heterosexuals, so why should homosexuals suffer an infringement on their rights? Mr. Thomas and others like him seem to have forgotten that the majority does not enjoy absolute power in this nation. If the majority enacts a law that unjustly imposes on the rights of a minority, the courts provide an avenue for that minority to seek relief. Was Loving v. Virginia (388 U.S. 1), the 1967 U.S. Supreme Court ruling which overturned Virginia’s prohibition of interracial marriage, an imposition on the right of the people to govern themselves? I do agree with Mr. Thomas that couples should be allowed to identify themselves as they please on marriage licenses and that no religious organization should be forced to recognize a marriage it does not believe to be legitimate, but these events do not necessarily follow from government recognition of same-sex marriage.

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