Moral And Logical Deficits In California’s Ninth Circuit

Gay Marriage Moral and Logical Deficits in California’s Ninth Circuit
If you are have forgotten or are unaware of what all the talk of Proposition 8 is about, be reminded that this California law was passed in 2008 to satisfy the will of the majority who wanted to define  marriage as a covenant relationship between one man and one woman.  On February 7th of 2012, the 9th Circuit Court of Appeals decided to strike down Proposition 8 by declaring it unconstitutional.

The rulings against Proposition 8 are characterized by the biased presuppositions of activist judges.  The function of these judges should be to simply interpret existing law and determine if concurs with the constitution.  Unfortunately, most judges, even and perhaps especially Supreme Court Justices, are willing to prostitute their positions to advance their own personal political and social agendas.  Was this not blatantly obvious when Judge Vaughn Walker, who is openly homosexual and sports a homosexual partner, ruled against Proposition 8 in his “love letter to homosexuals” where he declared that the proposition “unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation” in a lower district court in 2010?

The Judges of the 9th District Court had to scrape the bottom of the barrel to come up with any justification to oppose Proposition 8.  The best they could do was voiced by Judge Stephen Reinhart, “Absent any legitimate purpose for Proposition 8, we are left with ‘the inevitable inference that the disadvantage imposed is born of animosity toward,’ or as is more likely with respect to Californians who voted for the proposition, mere disapproval of, ‘the class of persons affected.’”  This judge effectively spit in the face of California voters who voted Proposition 8 into existence by declaring that their desire to sustain the definition of marriage that has worked so well for millenniums previous and their desire to preserve an institution that preserves opportunities for procreation are illegitimate desires concocted to cover up a bigoted hatred for homosexuals.

Bobble heads have emerged to offer their two cents and shamelessly promote themselves and their irreverent agenda.  Ted Olson, the U.S. solicitor general under President George W. Bush, represents the plaintiffs in Proposition 8.  He declared the recent decision to be a first step in ending discrimination. “Today we are more American because of this decision”.  May we request a definition for ‘American’?

Mitt Romney, the Republican Presidential candidate spoke for conservatives when he promised to appoint judges who would oppose same-sex marriages, “Today, unelected judges cast aside the will of the people of California who voted to protect traditional marriage.”  Please notice he also put a negative slant on the fact that these judges were not elected, but appointed, and then promised to do more of the same.

President Obama played his typical part as a non-player too weak and timid to choose sides.  He declared that his opinion on the issue is still “evolving”.

The rationale of the court is that the state of California is violating the constitution by denying a right afforded to one group (heterosexuals) from another. (homosexuals)  It seems the real question here is what is the difference between a right and a privilege?  The constitution was written to protect our rights, not privileges.  In order for a certain thing to have a right that certain thing must be defined.  Opponents of marriage for homosexuals have defined marriage as a covenant between one man and one woman.  You cannot grant this same right to any couple other than one that meets the definition.  If the definition is corrupted there is no obligation to grant the right.  The claim from proponents of gay marriage that they are not trying to redefine marriage is absurd.  They must redefine it in order to qualify for the rights they demand.  There has been no definition of marriage forthcoming from that side of the aisle.

The fact is, they are not redefining marriage.  They are undefining it.  (See How to Win the Marriage Debate, Selwyn Duke) The practice of declaring undeserved rights has become all too common in our modern society.  Homosexuals in undefined relationships clamor for rights that are preserved for traditional married couples. Likewise, illegal immigrants expect to be treated as if they were legal, legitimate citizens of the U.S.  Our youthful, dead-beat dropouts expect to be treated in the same way as the hard working, non-partying college grad that chose a different and more difficult path.   There is a prevailing belief system that attempts to eliminate consequences for poor decisions and bad behavior.  The majority of pre-birth murders are committed in an attempt to escape consequences for a decision regretted.

If the left wing of this issue (gay marriage) cannot specifically define marriage, how can they specify what marriage “is not”?  If marriage IS between two people of the same gender, could marriage also not be between three people of the same gender?  Is marriage deemed legitimate if it is between a single person of one gender and multiple persons of another gender?  Is it necessary for marriage to include only human beings?  Do we really want to open that can of worms?  The 9th Circuit ruled on the ‘rights’ to marriage but did they even bother to define what it was they were supposedly protecting?  How can you grant rights to something undefined?

It is for this reason most reasonable citizens believe the movement to legalized gay marriage is actually an attempt to destroy the traditional, time-honored institution that was clearly sanctioned by God.  When men begin to devise their own plans as substitutes to God’s plan it doesn’t go well for man.  God’s plan was to “multiply and replenish” the earth.  His plan makes wonderful provision for the care of the elderly who are loved and cherished by their many offspring.  When we oppose this plan by reducing our number of offspring through abortion and homosexual unions we bring confusion, poverty and destruction upon society.

God never sanctioned marriage between same gendered individuals.  In fact, he clearly condemned such a thing.  (See 1 Corinthians 6:9-10, Leviticus 18:22 and 20:13, Romans 1:26-27)  The absurdity of it all is that the 9th Circuit Court is trying to protect and preserve a ‘right’ to something that has not been defined and does not actually exist.

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Avatar of Kevin Probst About Highest Branch

Kevin is a teacher of history and Apologetics in a Christian high school in Columbus, Georgia. He is married to Shannon, a high school English teacher, and they have a six year old son named Kameron. Kevin has two grown sons and recently became a grandfather. Kevin is a licensed minister and his passion is to share the gospel of Jesus Christ with any who will listen. He loves his country and weeps over the fact that America has drifted away from God. He, along with millions of other Americans, prays for an awakening and a realization of 2 Chron. 7:14. Kevin has a B.A. in History, a M.A. in Secondary Education and an Ed. S. in Administration and Supervision. His greatest passion in life is to share the Christ who became his Savior!

Comments

  1. “. . .he declared that the proposition “unconstitutionally burdens the exercise of the fundamental right to marry.”

    Reading through the U.S. Constitution several times, I have NOT found any clause addressing the “fundamental right to marry”. There is a difference between rights and privileges, and “The constitution was written to protect our rights, not privileges.

    This ruling from the panel qualifies as legislasting from the bench rather than upholding the law. When are the American people who are in the majority and vote for these laws going to demand that activist judges stop invalidating the peoples’ right to govern?

    • OMG: “When are the American people who are in the majority and vote for these laws going to demand that activist judges stop invalidating the peoples’ right to govern?”

      It’s like this OMG: First of all ours is not a popular democracy rather a democratic republic where the law trumps the will of the majority. But that requires strict adherence to the law, constitutional law, not what we have today with these outlaw activist judges. While we the people can exercise our right to vote one way or another on an issue as was obviously done in the People’s Republic of Kalifornia with respect to Prop 8, there really is no way to stop these outlaws except to impeach convict and remove them from office. But to impeach a sitting judge, malfeasance in office has to be a provable offense. Misinterpreting or ignoring the Constitution as obviously outlaw judges often do by substituting their personal views or foreign law rather than interpreting existing law is not considered an impeachable offense rather one of gross prejudice and/or incompetence which could never be proven unless there was bribery involved like there was recently in the Georgia eligibility case (8 Billion bucks for 2 nuke power plants). The appeal process is available to rectify a bad ruling except of course when it comes from the SCOTUS.

      I believe an Amendment to our Constitution is needed to limit federal judges terms in office (including the SCOTUS) after initially being confirmed and then upon expiration of the term if a judge desires he/she can campaign for election by popular vote for an additional term as is the case for many state judges. Lifetime appointments is conducive to corruption because of the invulnerability and unaccountability of federal judges. Once they become accountable to the people where their retirement pensions become subject to time in office, I should think the promiscuous imposition of their personal bias in rulings would cease. That to me would be the simplest and easiest way to correct the problem of outlaw activist judges although there are valid arguments against it namely that we are a republic where the will of the majority is not necessarily upheld under the law.

  2. These judges on the Ninth Circuit Court of Appeals in Californication are suppose interprete the U.S.Constittution not legislate from the bench. That’s the reason we have a check and balance system. Again, these lawbreaking judges are just like criminal Holder(man) and Obozo. They are FORCING the perverted homosexual agenda on unwilling Americans. In Californication 7 million voters voted for Proposition 8 in order to protect marriage between one man and one woman only. These two judges went against this wishes of 7 million voters? That should not stand in a country that is suppose to be run by we, the people. We, the people should take these judges to the bar association. We need to remove these perverts from the bench, immediately. We need a rebirth of this nation and send the criminals and perverts to prison. See website: http://www.haasstrep68.com

  3. How sad.

  4. At least they got to vote on it in California. In Connecticut sodomitic “marriage” was shoved down our throats by four tyrranical lawyers in black robes. When a segment of the population wanted the matter placed to a vote, then Attorney General and now Senator and serial liar Dick Blumenthal and tons of money prevented it from being put on the ballot. In the end, God’s definition of marriage will prevail no matter how hell bent man is on perverting and redefining it. “Professing themselves to be wise, they became fools,and changed the glory of God…[they will] receive in themselves that recompense of their error which [is] meet.” -Romans 1 “Come, Lord Jesus.”

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