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Judicial Imperialism: Another Federal Judge Goes Rogue on Marriage

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By Tony Perkins

While Americans are glued to the story of one high-profile deserter, the courts seem packed with them — lawless judges eager to walk away from the Constitution and the oath they swore to uphold it. Unfortunately, the country is all too familiar with one of those activists, U.S. District Judge Barbara Crabb, who’s been tied to the National Day of Prayer, which she tried — unsuccessfully — to strike it down. Obviously, Crabb hasn’t learned anything since her rogue days in 2010, when a higher court rebuked the ideologue for her obvious political agenda.

Now, the Wisconsin judge is back to her old ways, ruling late Friday afternoon that natural marriage belongs in the same garbage pile as public prayer. Like her past outrages, this ruling makes a case for same-sex “marriage” absolutely devoid of religious or legal authority. “This is not about whether marriages between same-sex couples are consistent or inconsistent with the teachings of a particular religion, whether such marriages are moral or immoral, or whether they are something that should be encouraged or discouraged. It is not even about whether the plaintiffs in this case are as capable as opposite-sex couples of maintaining a committed and loving relationship or raising a family together. Quite simply, this case is about liberty and equality, the two cornerstones of the rights protected by the United States Constitution.”

But what about the liberty and equality of the majority who disagree? Under decisions like this one, they’re forced to suppress or violate the basic teachings of their faith — or face the government’s punishment and harassment. Of course, Judge Crabb will have an even tougher time explaining away the 1,264,310 votes she canceled out to drag the state into the courts’ lawless parade. Since last summer’s Supreme Court ruling, 15 states have watched helplessly as a single judge invalidates — not just millions of votes, but the entire democratic process.

In Wisconsin, officials also joined an elite club of wedding chaos, as clerks in Madison and Milwaukee opened their doors to a flood of same-sex ceremonies over the weekend and issued licenses that a higher court could (and should) void. Although Attorney General J.B. Holland raced to apply for an emergency stay and stop the processional, the damage will have already been done. “We’ve seen the disruption to couples and families throughout the U.S. when courts have first allowed same-sex marriage,” he said, “only to have those marriages subsequently called into question by another court.”

Meanwhile, this mutiny lies directly at the feet of the Left and their leader, President Obama, who has created an atmosphere in which the Constitution is silly putty in the hands of liberal activists. Slowly but surely, he is making American soil more fertile for the radical redefinition of society. While judges like Crabb can make same-sex “marriage” legal, they will never be able to make it right.

The courts, for all their power, can’t overturn natural law. What they can do is incite a movement of indignant Americans, who are tired of seeing the foundations of a free and just society destroyed by a handful of black-robed tyrants. As poll after poll makes clear, the only shift in public opinion on marriage seems to be in the judiciary. (Thanks in large part, as this article points out, to the President’s intentional effort to remake the courts.) As we saw with Roe v. Wade in 1973 — despite the Left’s earnest hopes, the courts do not have the final say. You do. Raise your voice at the 2nd annual March for Marriage, next week, June 19 in Washington, D.C.!

Tony Perkins is president of the Washington, D.C.-based Family Research Council. He is a former member of the Louisiana legislature where he served for eight years, and he is recognized as a legislative pioneer for authoring measures like the nation’s first Covenant Marriage law.

(Via FRC’s Washington Update. Tony Perkins’ Washington Update is written with the aid of FRC senior writers.)

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