LC.org

On June 26 the Supreme Court issued a 5-4 opinion that invoked “equal protection” when reviewing the Federal Defense of Marriage Act (DOMA), but not once did the Court engage in an equal protection analysis. The Court then dismissed the Prop 8 case on standing grounds. Friday afternoon California time, in a surprise move, the Ninth Circuit Court of Appeals lifted its stay of Prop 8, and the California Attorney General rushed to perform a “marriage” ceremony for the two plaintiffs in the Prop 8 case. The blatant lawlessness of these decisions and acts undermines the rule of law and the confidence of the people in the Judicial Branch.

Thomas Jefferson understood that the judiciary was supposed to be the weakest branch of government, but he also warned it could be the seed that results in the dissolution of the Republic if judges did not exercise restraint. The Supreme Court and the Ninth Circuit Court of Appeals, in the marriage cases, illustrate why Jefferson was concerned. These decisions are not based on the law or the Constitution, are devoid of reason, and are contrary to natural law. 

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