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Our Out-of-Control Court
Further, all the dissenting judges (Roberts, Alito, Scalia and Thomas) emphasized that it is completely undemocratic for the Court to impose its viewpoint concerning such an important social and moral issue on the entire nation. Consider the words of Justice Antonin Scalia:
Chief Justice Roberts agreed with Scalia on this important point:
Many years ago I remember seeing an interview of Justice Hugo Black (1886-1971) on television in which he was asked about his role as a Supreme Court Justice. He made it very clear that the role of a justice should not be to determine whether or not a law is a good or bad one, or whether it is stupid or reasonable, but only whether or not it is constitutional. The majority of justices who agreed today to Justice Anthony Kennedy's opinion have rejected that concept. They argued that not all issues could be foreseen by our nation's Founders, and so they argued that the Supreme Court must serve as the arbiter of those issues, not the democratic process. They ignored the fact that our Founders provided for such matters by providing for a system of constitutional amendment. Accordingly, Justice Scalia branded the Court's decision as a "judicial putsch." He wrote, "The five Justices who compose today's majority are entirely comfortable concluding that every State violated the Constitution for all of the 135 years between the Fourteenth's ratification and Massachusetts' permitting of same-sex marriages in 2003." In like manner, Chief Justice Roberts called the Court's decision an exercise in "judicial supremacy." Justice Scalia, known for his brilliant, scathing dissents, summed up his feelings with these words:
Justice Scalia supplied a very interesting insight into the Court itself when he pointed out that it is not representative of the nation in any way and therefore has no right to legislate. He noted that all nine justices have law degrees from either Harvard or Yale. Six are from New York or New Jersey (Scalia, Roberts, Alito, Ginsburg, Sotomayor and Kagan), two are from California (Breyer and Kennedy) and one is from Georgia (Thomas). Not a one of them is from the Southwest, nor is there a true Westerner on the Court. And most significantly, none of them are Evangelicals or even members of a Protestant denomination! Six are Catholics (Scalia, Thomas, Roberts, Kennedy, Alito and Sotomayor) and three are Jews (Breyer, Ginsburg and Kagan). Scalia's conclusion about this make-up of the Court was as follows:
Justice Scalia also expressed sincere concern about how the Court's decision will impact the free exercise of religion on the part of those who differ with the decision on biblical grounds. He pointed out that the majority decision emphasized that the decision would not impact the right of believers to continue to "advocate" and "teach" their views of marriage. But the First Amendment guarantees the free "exercise" of religion, and that is a word the court "ominously" did not use. We can be assured that there will now be an all-out assault on Christians by the Gay Mafia as they attempt to force us to violate our biblical beliefs. They will confront all Christian businesses that participate in any way in marriage ceremonies, they will insist that ministers perform their marriage rites and they will demand that churches host their weddings. And when churches and ministers refuse, there will be a demand for them to be stripped of tax exemptions and benefits (like the housing allowance for pastors). And you can also be assured that ultimately there will be attempts to make even anti-Gay speech, including sermons, illegal as "hate crimes." Note the date: June 26, 2015. It is the date that should be put on the headstone of our nation because it is the day that America died. We have sealed our destruction. We are now a walking-dead nation. |
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