Here Comes the Judge ... There Go the People

by Jody Brown and Rusty Pugh
October 6, 2004

(AgapePress) - Four out of almost every five voters who cast a ballot in Louisiana's September 18 referendum on a constitutional amendment protecting traditional marriage voted in favor of the amendment. But one judge in the Bayou State has now overruled the 619,908 Louisiana residents who believe marriage should be the union of one man and one woman.

Less than three weeks after 78 percent of voters approved it, District Judge William Morvant said the amendment was flawed because, as drawn up by the legislature, it had more than one purpose: banning not only homosexual "marriage" but also civil unions. Because it had two purposes, the judge ruled the amendment violated the Louisiana constitution.

The text of the approved resolution is as follows:

"Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman."

John Rawls, an attorney for the homosexual-rights group Forum for Equality, says voters were "forced to buy a pig-in-a-poke" on September 18. "If they wanted to ban same-sex marriage in the constitution, they had to take everything that was already in that amendment -- and that's just plain unconstitutional, not to mention unfair," Rawls says.

But Michael Johnson, an attorney for Louisiana Family Forum, which supported the amendment, says the ballot question was not confusing. "Any lay person who read that proposed amendment -- and of course, everyone in the state did on September 18 -- [saw] it is very clear and that it has one, single [objective] ... to protect [and define] the institution of [traditional] marriage," Johnson says.

National pro-homosexual groups are praising Morvant's ruling. The Human Rights Campaign calls it "an important ruling for fairness" that "keeps discrimination out of the Louisiana constitution." And the National Gay and Lesbian Task Force says "the forces of religious and political intolerance" misled Louisiana voters by using the amendment to protect "only their own narrow view of the world."

'Imperious Judiciary' Strikes Again
Reaction from pro-family groups to Judge Morvant's decision is highly critical. One pro-family activist in Louisiana says a revolt is about to take place in her state because of the decision. Kathleen Benefield, president of the American Family Association of New Orleans, says she cannot know for sure what Morvant's agenda is, but it is clear to her that homosexual activists go "judge-shopping" to get their way.

"People in Louisiana are up in arms," Benefield says. "People are calling their state legislators, irate that a judge could so easily overturn the will of the people of Louisiana. This amendment passed by a 78 percent [vote] -- so this is a ridiculous ruling for a judge to try to overturn the will of the people."

Benefield says she respectfully reminds judges like Morvant that come next election day, the people of Louisiana are going to make their own decisions -- like voting them off the bench. Those would be decisions judges could not overturn, she says.

Tony Perkins -- a former Louisiana lawmaker who now heads the Family Research Council -- expressed outrage. He says, "We have judges acting in arrogance to usurp the actions of the Legislature and deny the voters of Louisiana."

Perkins believes that both the legislature and the people of Louisiana understand that "counterfeits of marriage undermine the institution of marriage and jeopardize the future of our children." And while he is disturbed by Morvant's decision, he contends it is not a definitive one. "It will be appealed to the appellate court and if necessary the State Supreme Court," he says. "I believe that at some point along the way, reason will reign."

Jan LaRue, chief counsel for Concerned Women for America, also denounces the ruling. "Once again we have a judge with magical goggles who can see what an entire legislature didn't see," she says. Those lawmakers, she believes, were well aware of the one-issue rule then they drafted the amendment -- and concluded that "denying the benefits of marriage to civil unions and banning 'gay marriage' is one issue: marriage." Like Perkins, LaRue is confident Morvant's ruling will be overturned on appeal.

Focus on the Family's Dr. James Dobson says Judge Morvant "saw fit to disenfranchise [Louisiana] voters in favor of a radical social agenda." The nationally known pro-family spokesman offers a harsh rebuke.

"Once again we are witnessing the imperious judiciary blatantly ignoring the will of the voters," Dobson states in a press release. "These tyrannical judges continue to show an eagerness to legislate from the bench, imposing their own agendas, and those of their activists allies, upon American families."

Dobson adds that only a federal marriage amendment will be adequate to protect marriage. "This attack only confirms the need for an amendment to the federal constitution defining marriage as the union of one man and one woman," he says. "Without this protection, individual courts and rouge local officials are allowed to classify marriage however they see fit."

Dobson is among many prominent speakers scheduled to speak at an upcoming "Mayday for Marriage" rally in the nation's capital. The event, expected to draw thousands to the National Mall in Washington, DC, on October 15, will focus on legal, societal, and biblical aspects of marriage, and will offer ways for those in attendance to get involved in defending the centuries-old definition of marriage.

Others confirmed to speak at Mayday for Marriage include former U.S. ambassador Alan Keyes (currently running for a U.S. Senate seat from Illinois), FRC's Tony Perkins, Chuck Colson of Prison Fellowship, Dennis Rainey of FamilyLife, Anne Graham Lotz, and former NFL player and now founder of Mayday for Marriage Dr. Ken Hutcherson.