The Homosexual ‘Marriage’ Fight: It’s About the Lawfulness of Law

Barb Wire

A few days ago, after reading Leo Hohmann’s article “Same-Sex Marriage started with lawbreaking,” I left these thoughts as a comment. I think them worth sharing with my Barbwire readers:

The battle over the U.S. Supreme Court’s anti-constitutional Obergefell purporting to legalize homosexual so-called marriage is not just about obedience to law. It’s not just about double standards in reaction to lawlessness. It’s about whether the lawfulness of law, and the rightness of right are determined by human whim, will and power, or by the authority of God.

By fighting the battle for homosexual so-called marriage using the language of right and rights, its proponents rely on the doctrine that there is a standard of justice (i.e., a true understanding of what is right that makes any given human law truly lawful) higher than human will.  When they broke the laws against homosexual so-called marriage its proponents were, de facto, purporting to appeal to that higher standard.

Their appeal thus took the same form as the appeal to higher law that was made by America’s Founders when they defied the laws of the British monarch.  It took the same form as the appeal to higher law that was made against the institution of slavery. It took the same form as the appeal to higher law made by Susan B. Anthony against the disenfranchisement of women; by Martin Luther King against so called laws enforcing racial segregation and discrimination against blacks.

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But though similar in form, the battle for homosexual so-called marriage actually rejects and contradicts the understanding of justice all those previous battles evoked. All of them were fought fully and explicitly citing the justly famous words of “the unanimous Declaration of the thirteen united States of America” when the people of those united States “assumed among the power of the earth the separate and equal station to which the Laws of Nature and of Nature’s God entitle them…”:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.– That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

Their Declaration of Independence appeals, clearly and explicitly, to the authority of God. It recognizes the Creator as the ultimate source of law, the one whose activity therefore constitutes the higher law in light of which all human laws must be judged. So, in the conclusion of the Declaration, the people making it appeal to God as “the Supreme Judge of the World for the rectitude of our actions.” They thus explicitly evoke and submit to God’s authority over right and wrong, justice and injustice (for the word “rectitude” means refers to the rightness of an act, to that which makes it lawful according to the law that is higher than human acts, and ought to govern them.)

As I have repeatedly said over many years, the real issue at stake in the battle for homosexual so-called marriage has to do with whether or not the people of the United States accept or reject the Declaration’s premises, beginning with the truth that alone makes the others “self-evident”, which is the existence and authority of the Creator, God.

There is telling and tragic ironic in the fact that the political opponents of homosexual so-called marriage, have not been clear and explicit about this real issue. Even those who profess to trust in the written and Incarnate Word of God, made manifest in the Bible, have habitually referred to their stand as the defense of “traditional” marriage. But according to the understanding of law and justice on which the United States is based, and from which the Constitution of the United States derives, tradition is not the ultimate standard for the rightness and justice of human laws and actions. Human traditions have enshrined and sanctioned all kinds of wickedness.

So the political battle over homosexual so-called marriage has been fought with people on one side formally appealing to a higher law whose substance they reject, and people on the other refusing to appeal to the higher law in whose substance they profess to believe. The people who fought to overturn America’s understanding of right never ceased to abuse the term. The people who should constantly have relied upon that understanding asserted instead the authority of tradition, which the America understanding of justice rejected in favor of the authority of the Creator, God. The opponents of right thus benefitted from the appearance of standing on the higher ground, while those who had every reason to stand there retreated to the very position the higher ground made vulnerable and insecure.

In effect this means that the true position, the position on which America’s Founders erected our institutions of just self-government, is not being taken; it is not being defended. The battle over homosexual so-called marriage appears to rage, but in reality the battle for the true premises of justice and truth on which the nation is founded has already been lost. We are losing the American way of life because the people purporting to defend it have surrendered the way of thinking on which it depends. I have made this argument repeatedly for many years, most recently in a post on my blog entitle “To defend marriage, defend unalienable right.”

Now ponder this: Nowhere in Mr. Hohmann’s article does he mention the Declaration of Independence and the fact that the Constitution, laws and government of the United States are founded on the self-evident truth that God is the ultimate authority for the lawfulness of law. What’s happening to Kim Davis is not evidence of a double standard- It is evidence that the elitist faction judges, justices and politicians are at war with the understanding of law and justice on which America is founded.

The forceful abuse of power against Kim Davis is an attack against the higher law of God-endowed right, an attack even more offensive than the imposition of taxes without representation that called for the American Revolution. It’s perpetrators mean to force us to live in a nation that effectively denies the truth that human law, will and power must answer to the higher law of God the distinguishes the whims that gratify self-serving human passion from the inclinations of human nature that preserve and perpetuate humanity as a whole.

The opinions expressed by columnists are their own and do not necessarily represent the views of Barb Wire.

Dr. Alan Keyes
Once a high-level Reagan-era diplomat, Alan Keyes is a long-time leader in the conservative movement. He is well-known as a staunch pro-life champion and an eloquent advocate of the constitutional republic, including respect for the moral basis of liberty and self-government. He has worked to promote an approach to politics based on the initiative of citizens of goodwill consonant with the with the principles of God-endowed natural right.

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