Mass. High Court Ignores the Polls, the Prez, Pro-Family Groups

by Jody Brown, Chad Groening, and Bill Fancher
November 19, 2003

(AgapePress) - The majority of Americans don't favor it. Pro-family groups have been warning of its consequences for years. And President Bush even took time out during his visit to England to denounce it. But four un-elected, black-robed judges in Massachusetts think "it" -- homosexual marriage -- should be made legal in their state. And lots of folks are very unhappy about that. (See Yesterday's Story)

It was in late June that the U.S. Supreme handed down its decision in Lawrence v. Texas that declared anti-sodomy statutes in the Lone Star State unconstitutional, effectively invalidating similar laws across the country. Homosexuals and their supporters literally celebrated in the streets following that decision, calling it an endorsement of homosexual sex and a major step toward achieving one of the main goals of the homosexual agenda: same-sex "marriage."

But since that ruling, opposition to homosexual marriage has steadily grown. In early July, shortly after the high court's decision, a survey conducted by the Pew Research Center for the People and the Press found that the public opposed same-sex marriage by a 53%-to-38% margin. A more recent poll by the same group reveals somewhat of a backlash, with 59% of the public now opposed and 32% in favor.

Many on Capitol Hill -- where a Federal Marriage Amendment with almost 100 co-sponsors has been introduced in the House -- are condemning Tuesday's ruling from the Massachusetts Supreme Court that a ban on same-sex marriage is unconstitutional. Congressman Walter Jones of North Carolina calls it "just one more assault on the Judeo-Christian values of our nation." And Texas Senator John Cornyn says it provides further impetus for the proposed Constitutional amendment that defines marriage as the union of one and one woman.

And one temporarily displaced Capitol Hill resident says the high court in the Commonwealth of Massachusetts got it wrong. From London, President George W. Bush released a statement declaring that marriage is a "sacred institution between a man and a woman" -- and that yesterday's ruling "violates this important principle."

Alluding perhaps to the proposed Federal Marriage Amendment, the president committed to working with congressional leaders and others to "do what is legally necessary to defend the sanctity of marriage."

In its decision, the Massachusetts Supreme Court stopped short of ordering the state to issue marriage licenses to same-sex couples. It has given the state legislature 180 days to "take such action as it may deem appropriate in light of this decision," which means the decision will not take affect until then.

Judicial Arrogance
For several years, pro-family groups have been warning of the legitimate threat posed by the homosexual movement to the traditional concept of marriage. One of those groups -- the Massachusetts Family Institute -- had been working diligently to prevent radical homosexuals from getting same-sex marriage approved in the state. The group says it cannot believe the arrogance of the four members of the state's Supreme Court in redefining the institution of marriage.

MFI spokeswoman Evelyn Reilly says the 4-3 decision brought back feelings similar to those she had on September 11, 2001. "I have to say I felt a little bit like 9-11, like a bomb had dropped," she says. "It was just amazing that four people in black robes who are political appointees have the arrogance to redefine the institution of marriage. It's like living in George Orwell's [1984] world."

The decision from the high court, she says is "bizarre" and "unthinkable." "Marriage is the unchangeable reality of the union of a male and a female, and [those judges] cannot just change that biological reality by judicial fiat. It just makes no sense," she says.

But Reilly says there is a remedy in the works. "On February 11 [2004], the state legislature will be voting on a constitutional amendment to define marriage as only between a man and a woman -- and I think that the momentum and the pressure to do so is much increased."

Reilly hopes the lawmakers will thwart the court's effort to force homosexual marriage on the state, and possibly on the nation.

Judicial Activism
Bob Knight of the Culture and Family Institute says the ruling out of Massachusetts will have a severe impact on the nation. He hopes it will "spur a revolt" against the idea that judges can undermine the nation's basic institutions just because they do not agree with them.

"What the judges have done in Massachusetts is to tell millions of people that their idea of marriage is no more -- that God is wrong, the Bible's wrong, all the major religions of the world are wrong -- and that they're going to impose this on people in the interest of liberty," Knight says. "But in the interest of liberty, this would not allow the people of Massachusetts to disagree, because the law would impose it on everybody."

Gary Bauer

Another leading conservative and pro-family activist says the court's ruling is a not-so-cleverly-disguised attempt to do much more than simply allow seven homosexual couples to get marriage licenses. Appearing on Fox News Wednesday morning, Gary Bauer said an agenda is being forced on Americans.

"The hidden agenda her -- and it's not so hidden anymore -- is to try to force the United States to move from the question of tolerance -- which I think Americans, in fairness, embrace -- ... to endorsement and promotion," Bauer said, adding that he believes the American people will resist that.

And as he has stated numerous times before, Bauer said it is time that those who have been elected by the people come to their constituents' defense. "I think it's important that elected officials, beginning with the Massachusetts state legislature and going all the way up to the President of the United States, take the necessary steps to make sure that we don't wake up one morning and find that the people in every state have had same-sex marriage forced on them."

Bauer says homosexual activists cannot change the fact that, for thousands of years, the very foundation of human culture has been rooted in the concept of marriage between a man and a woman.

Judicial Tyranny
Other faith-based groups are reacting to the ruling by the Massachusetts Supreme Court. The group Campaign for California Families calls it another example of "out-of-control" judges who are violating common sense and attacking the will of the people.

"Judges are supposed to enforce the law, not make the law," says CCF executive director Randy Thomasson, who believes his state's marriage protection law is seriously threatened by the Massachusetts ruling. "The radical homosexual agenda of some bad judges threatens not just the sacred institution of marriage for a man and a woman, but our system of government itself.

Another California group, the Traditional Values Coalition, describes the court decision as "the first shot of the battle between liberal judges and homosexuals on one side and the American people on the other." TVC chairman Louis Sheldon expects the Massachusetts legislature to either support an amendment support the traditional concept of marriage, or do nothing to implement the court's decision.