Professor Responds to Supreme Court Overruling of Prop. 22

May. 19, 2008 By Jenna Bartlo

Un-Natural Law:  The California Supreme Court Overrules Proposition 22

By Kevin Alan Lewis, Assistant Professor of Theology and Law, Biola University

May 15, 2008

By an egregious act of judicial activism, the California Supreme Court, by a 4-3 decision, has overruled Proposition 22, the Defense of Marriage Act. The Defense of Marriage Act, passed in 2000 by 61.4% of voters, explicitly amended the California Family Code to limit marriage in California to one man and one woman. 

The legal result of the court’s decision is that California will begin to permit legally recognized homosexual marriages in 30 days, unless the court grants a stay on its decision.  In November, Californians will likely vote on the Marriage Amendment Initiative, which, if passed, would in substance make the language of the Defense of Marriage Act a part of the state constitution.  This would effectively prevent the court from tinkering with the will of the people on the matter. However, given the sad state of legal reasoning found in the current decision, I would not be surprised if the California Supremes’ next feat of judicial prestidigitation was to declare the constitution itself unconstitutional.

This California decision, if implemented, will quickly affect every state in the union. The Full Faith and Credit Clause of the U.S. Constitution will likely require each state to acknowledge homosexual marriages contracted in California as legitimate marriages and grant each homosexual “couple” the same rights and privileges as heterosexual couples. 

This current ruling, however, should not surprise anyone. The Christian law and public policy community has seen this judicial tsunami coming for over two decades (See Bowers, Romer, Lawrence, et al.).   The homosexual lobby has been relentless and united in its crusade against Christian ethics and the traditional family.  And if the Christian community fails to act quickly and effectively, this decision will be only one of many constitutional train wrecks to come in the near future. (Q): What’s coming next if we do not get busy?  (A): Hate speech laws to silence those who disagree with the left’s agenda.

Problematic Legal Reasoning
So what’s legally wrong with the decision?   The dissenting opinion by Justice Baxter nicely summarizes the problems with the majority opinion.  In it, he states a number of problems with the court’s ruling:

“In reaching this decision, I believe, the majority violates the separation of powers, and thereby commits profound error.” 

“Nothing in our Constitution, express or implicit, compels the majority’s startling conclusion that the age-old understanding of marriage — an understanding recently confirmed by an initiative law — is no longer valid.” 

“The majority’s mode of analysis is particularly troubling.  The majority relies heavily on the Legislature’s adoption of progressive civil rights protections for gays and lesbians to find a constitutional right to same-sex marriage.  In effect, the majority gives the Legislature indirectly power that body does not directly possess to amend the Constitution and repeal an initiative”

The majority decision also employed the homosexual rights lobby’s commonly used specious arguments and legal sophistry, for example, comparing the current denial of homosexual marriage with the denials of interracial marriages in past decades.  And in its analysis of the state’s constitutional right to marry and the state’s equal protection clause, the court emotionally opined about the need for “equal dignity” and the end of “discrimination” against homosexuals.

This was judicial activism at its worst.

The Required Response by God’s People
America is clearly engaged in a cultural war of values.  Judicial activism into deep, morally rooted worldview issues, such as abortion, has only produced the effect of a deeply divided culture.  Roe v. Wade prematurely cut off the substantive, legitimate debate in the public square on a vital, moral and legal issue.  A judicial decision finalizing an aspect of the debate on homosexuality only serves to further divide the culture and cut off the legitimate debate in the public square. 

The struggle against evil will continue until the Lord returns.  And as such God’s people must respond with more than a passive disgust.  Christians must stop playing defense and begin to implement a comprehensive offensive strategy to protect the culture, making it a safe and healthy place to raise children and live our Christian faith.  This, I believe, is the preferred way to live.

Contemporary Christian leaders in the university and the church need to adopt a biblical theology of church and state (See Romans 13:1-7, et al.) and train our own people to think Christianly, while functioning in civil government at the highest levels.  In the era of America’s Founding Fathers, we, the church, produced leaders like John Jay, a co-author of the Federalist Papers, Governor of New York, the first Chief Justice of the U.S. Supreme Court and the second President of the American Bible Society!  Christian higher education needs to rapidly produce more outstanding leaders like Justice Jay.

On a more local level, we need to recruit our own candidates and work diligently to have them elected.  Then, we must vote intelligently for these candidates—including judges.  Christian civic leaders can protect our inalienable God-given freedoms.  Unfortunately, Christian apathy and inaction at the ballot box has only served to produce a parade of legislative, executive, and judicial tyrants at all levels of government.  There are many good voters’ guides available. We need to get registered, get informed, and vote so that we, our children, and our children’s children will continue to enjoy the blessings of liberty and the providential favor of our Creator.

Homosexuality is and always will be a sin (See Lev. 18:22; 20:13; Rom. 1:18-32). And it is bad public policy for the state to legitimize and encourage behaviors and unions that harm the family, the backbone of civilization. 

Fortunately, God, the Righteous Judge, has already overruled the California court’s decision.  However, it is up to God’s people to implement His decision—rapidly, wisely and prudently.

“Blessed is the nation whose God is the LORD” (Psalm 33:12)

Click here to download the full supreme court opinion (PDF File)

For resources on the issues related to homosexuality in culture, see http://www.lawandjustice.org/studyroom/theology.php

For Christian friendly voters guides, see http://www.lawandjustice.org/june2008votersguides.php

Comments

  • Ignacio Aug. 31, 2018 at 1:52 AM

    slot game cassino casinos online slot game online casino gambling

  • 918kiss tipu Oct. 1, 2018 at 5:37 AM

    These hands include the same at both the land based casinos as well as the online casinos. And casinos know what this

  • 918kiss tipu Oct. 1, 2018 at 5:38 AM

    These hands include the same at both the land based casinos as well as the online casinos. And casinos know what this

  • Rachele Oct. 4, 2018 at 10:35 PM

    online gambling casino online gambling casino online casino games casino games online gambling casino

  • Meri Oct. 31, 2018 at 5:25 PM

    casino slots casino slots casino slots slot online online casino

  • Jeanette Nov. 14, 2018 at 1:06 PM

    Hi there, I found your web site via Google at the same time as looking for a related topic, your web site got here up, it seems to be great. I have bookmarked it in my google bookmarks. Hello there, simply become aware of your weblog via Google, and found that it is really informative. I'm going to watch out for brussels. I'll appreciate for those who proceed this in future. Numerous other people will be benefited out of your writing. Cheers! 예스카지노

  • online casino malaysia Jan. 10, 2019 at 2:46 AM

    Maybe you and your friend just have busy schedules and a great deal of of making up ground to do. Whereas reading involves both the physical as well as mental

  • online casino malaysia Jan. 10, 2019 at 2:46 AM

    Maybe you and your friend just have busy schedules and a great deal of of making up ground to do. Whereas reading involves both the physical as well as mental

  • scr888 free rm5 2018 Feb. 9, 2019 at 10:00 AM

    All the gaming fans know of Tetris. Tetris was without doubt popular video games to came out. Now Tetris is on the market as internet slot machine game

  • scr888 free rm5 2018 Feb. 9, 2019 at 10:00 AM

    All the gaming fans know of Tetris. Tetris was without doubt popular video games to came out. Now Tetris is on the market as internet slot machine game

  • ntc33 download Jul. 31, 2019 at 9:08 PM

    Learning ways to up start an Company does not need to be hard or overwhelming. There exists plenty outstanding information online that can allow you all the information you simply need start out and build a very profitable Internet operation. The key is to not get stalled in really information while keeping your focus on decent things that actually generate a living. In this article I'm going to give you four steps for starting a web business. Punctuation - Don't confuse your readers with simple mistakes like "Theyre ensuing should be they're" distinct they know what your gadget. Don't use BIG words do not use SMALL words either - Do not use humongous words such as "Today sounds like a incessant day" publish will have more confuse your readers. Don't use small words either such as "Lol omg, today was fab" Everybody is informed the shortened words. Interviewing people and posting it on your blog is actually definitely an excellent solution to market the item. Just be certain that the folks you interview pertain towards the market of your blog. Somebody all of your posts staying relevant, including any interviews that by yourself do. For example, in the event blog market was vacuum cleaners, as well as did a job interview with proprietor of Hoover vacuum cleaner

  • ntc33 download Jul. 31, 2019 at 9:08 PM

    Learning ways to up start an Company does not need to be hard or overwhelming. There exists plenty outstanding information online that can allow you all the information you simply need start out and build a very profitable Internet operation. The key is to not get stalled in really information while keeping your focus on decent things that actually generate a living. In this article I'm going to give you four steps for starting a web business. Punctuation - Don't confuse your readers with simple mistakes like "Theyre ensuing should be they're" distinct they know what your gadget. Don't use BIG words do not use SMALL words either - Do not use humongous words such as "Today sounds like a incessant day" publish will have more confuse your readers. Don't use small words either such as "Lol omg, today was fab" Everybody is informed the shortened words. Interviewing people and posting it on your blog is actually definitely an excellent solution to market the item. Just be certain that the folks you interview pertain towards the market of your blog. Somebody all of your posts staying relevant, including any interviews that by yourself do. For example, in the event blog market was vacuum cleaners, as well as did a job interview with proprietor of Hoover vacuum cleaner

  • scr888 download Oct. 6, 2019 at 11:08 PM

    If you are like most people, you spend a lot of time building content, writing articles, and then start tweaking HTML, CSS, Metatags, Title, Anchor Text etc. When you find yourself happy with the site, you start thinking about getting traffic to this website. The good thing of this book is that that reason actually are effective. This isn't some namby-pamby feel-good page turner that may just be better left on the shelf

  • scr888 download Oct. 6, 2019 at 11:08 PM

    If you are like most people, you spend a lot of time building content, writing articles, and then start tweaking HTML, CSS, Metatags, Title, Anchor Text etc. When you find yourself happy with the site, you start thinking about getting traffic to this website. The good thing of this book is that that reason actually are effective. This isn't some namby-pamby feel-good page turner that may just be better left on the shelf

  • 918kiss download Oct. 10, 2019 at 1:04 AM

    If you have found this article then you are obviously aware that making cash with a blog is possible. I'm not here to tell you that you will get rich and famous (that part is totally up rrn your personal abilities as a writer or other talents) but it is possible. The purpose i have told is to show you ways to earn money having a blog. I will provide you 6 tips to you get pointed in the right direction. There are methods to obtain that traffic. Money sometimes is definitely key whenever you the best and highest ranking out there, but what if you do not have the $100's of dollars shell out on Google's pay per click ranking system. The traffic that you are already getting can put you on a good page for those who have 10's of thousands of customers a day that go to the site almost on a daily basis. But what should you be just starting off? I recommend this book for anyone, whether really feel that you might have serious worries or not

  • 918kiss download Oct. 10, 2019 at 1:04 AM

    If you have found this article then you are obviously aware that making cash with a blog is possible. I'm not here to tell you that you will get rich and famous (that part is totally up rrn your personal abilities as a writer or other talents) but it is possible. The purpose i have told is to show you ways to earn money having a blog. I will provide you 6 tips to you get pointed in the right direction. There are methods to obtain that traffic. Money sometimes is definitely key whenever you the best and highest ranking out there, but what if you do not have the $100's of dollars shell out on Google's pay per click ranking system. The traffic that you are already getting can put you on a good page for those who have 10's of thousands of customers a day that go to the site almost on a daily basis. But what should you be just starting off? I recommend this book for anyone, whether really feel that you might have serious worries or not

  • 918kiss download Oct. 10, 2019 at 4:53 PM

    There has been lots of fuss about SEO or search engine optimization. Some would say it would take months and even years to be on top of the search engines although even claim it nicely just a matter of weeks for you to discover results and dominate Google which is which? Within your content you require to add your keyword composition. Use one keyword phrase everyone web review. Also use your keyword phrase in your title and four times in the content of your article. This will give you good page optimisation which is often a major step to reaching the search on bing. Myths: People say that SEO you need to to stuff a associated with keywords to your own meta keywords tags. Studding too interest levels be spam and search engines have already excluded that as considered for SEO, so assist not take about meta keywords. If you locate a site in the neighborhood . in a distinct segment or area relevant in your own content, contact website owner seems to direct. Question if he wants to restore links having your site. If your site is of increased enough standard, good webmasters normally jump at option. Make sure that you do all process though, now i.e. send him your link text, and ask for his. Place link a good deal his site before you make the asking. This creates a sense of urgency at his end. Blogs are another method to have quality, inbound links coming to your website. You can start your own blog, and you can touch upon other people's blogs excessively. So find the most popular ones in your industry, and post a few good comments about what's good in their blog. Itrrrs likely that that your site owner will notice, and may even even see your own blog and post his or her own comment likewise. One with the tips within mentions instructing various body parts to relax

  • 918kiss download Oct. 10, 2019 at 4:53 PM

    There has been lots of fuss about SEO or search engine optimization. Some would say it would take months and even years to be on top of the search engines although even claim it nicely just a matter of weeks for you to discover results and dominate Google which is which? Within your content you require to add your keyword composition. Use one keyword phrase everyone web review. Also use your keyword phrase in your title and four times in the content of your article. This will give you good page optimisation which is often a major step to reaching the search on bing. Myths: People say that SEO you need to to stuff a associated with keywords to your own meta keywords tags. Studding too interest levels be spam and search engines have already excluded that as considered for SEO, so assist not take about meta keywords. If you locate a site in the neighborhood . in a distinct segment or area relevant in your own content, contact website owner seems to direct. Question if he wants to restore links having your site. If your site is of increased enough standard, good webmasters normally jump at option. Make sure that you do all process though, now i.e. send him your link text, and ask for his. Place link a good deal his site before you make the asking. This creates a sense of urgency at his end. Blogs are another method to have quality, inbound links coming to your website. You can start your own blog, and you can touch upon other people's blogs excessively. So find the most popular ones in your industry, and post a few good comments about what's good in their blog. Itrrrs likely that that your site owner will notice, and may even even see your own blog and post his or her own comment likewise. One with the tips within mentions instructing various body parts to relax

Post a Comment

Your email will not be published as part of your comment.

Biola University
13800 Biola Ave. La Mirada, CA 90639
1-562-903-6000