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Prop. 8 at the U.S. Supreme Court Tuesday

Monday, March 25, 2013, 10:46 am | Randy Thomasson

It’s good, not bad, that Proposition 8, the 2008 California Marriage Amendment, will be decided by the Supreme Court of the United States.

The homosexual activists and their attorneys and unconstitutional, liberal judges defeated Prop. 8 in San Francisco federal court in August 2010 and at the 9th Circuit Court of Appeals in February 2012. So our side appealing to the U.S. Supreme Court, and being granted the March 26, 2013 hearing, is the only way to save Prop. 8 from being killed off.

This is a severe crisis. Marriage and our Republic sometimes seem to be hanging by a thread. However, if I were a betting man, I would bet Prop. 8 is upheld, even by one vote. That would likely come from the nine-member high court’s “swing vote,” Anthony Kennedy of California. Kennedy, who believes in homosexual “rights” (but you can’t award rights based on non-immutable or changeable behavior), still might uphold traditional marriage.

You see, in the 2003 Lawrence v. Texas case, which struck down all laws prohibiting sodomy, Kennedy wrote three times that legalizing homosexuality does not mean the government must give formal recognition to these relationships.

What’s more, for Kennedy and the four more conservative justices on the high court, the Prop. 8 case is coming to them with a big bull’s eye painted on it. “Liberal of liberals” Stephen Reinhardt, who “struck down” Prop. 8 at the appeals court level, is the most overturned judge in America by the nation’s high court.

Prop. 8 reserved marriage licenses in California for “a man and a woman.” But the legal issues in the Prop. 8 case are more about our republic than about marriage.

Where is marriage in the U.S. Constitution? Nowhere. But the Constitution in Article IV, Section 4 says that each state is guaranteed ‘a republican form of government’ — a government under the written law, not government run by the unconstitutional prejudices of some judges.

And the Tenth Amendment says what are not federal powers, and what is not denied the states, are powers that belong to individual states. What is the supreme law of California? The California Constitution, which, because of Prop. 8, reads, in Article 1, Section 7.5, “Only marriage between a man and a woman is valid or recognized in California.”

Therefore, the U.S. Supreme Court should uphold Prop. 8 and reserve marriage licenses exclusively for a man and a woman, not only for the sake of children and families, but for the sake of our Republic.

See the amicus brief of Liberty Counsel and Campaign for Children and Families (SaveCalifornia.com)

And He answered and said to them, “Have you not read that He who made them at the beginning ‘made them male and female,’ and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’? So then, they are no longer two but one flesh. Therefore what God has joined together, let not man separate.”
Jesus Christ in Matthew 19:4-6 NKJV

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