Brian Brown is notably upset over the fact that same-sex marriage is pretty much a done deal in California now. He took to the National Organization for Marriage (NOM) blog to complain that “Same-sex marriage in California is illegitimate, imposed by judicial activists in opposition to the expressed will of the people. The nation, and the rule of law, are worse for it.”
Just because a law was passed or something was made legal against the expressed will of the people does not make it legitimate.
Brown has been buying into the idiotic propaganda that claims that Judge Vaughn Walker’s ruling that Prop 8 is unconstitutional is, somehow, not the end of the game. The problem for Brown is that the US Supreme Court pretty much made it clear that Judge Walker’s ruling that Prop 8 is unconstitutional is the final ruling on the issue.
Brown whined about the California Supreme Court’s decision not to hear arguments about the ruling saying “The ruling is very disappointing but not unexpected. Unfortunately, a million Californians, redefining marriage in direct contravention of the expressed will of the people. Same-sex marriage in California is illegitimate, imposed by judicial activists in direct opposition to the expressed will of the people. California, the nation, and the rule of law are worse for it.”
Except for one problem, just because the voters may have passed the amendment does not mean that it is legitimate. Had, for instance, Catholic rights been put to the ballot back in 1790, let us say, Brian Brown would likely have not been allowed to hold public office, get married in a Catholic Church, hold property, and so forth.
During the first century and a half of American history, Catholics were seen as being really bad people, and were often socially oppressed, but thanks to the First Amendment, which was passed ‘illegitimately’ without the consent of the American people, Catholics were granted all sorts of rights.
Brown and NOM go on to complain that “a homosexual federal judge engaged in a long-term gay relationship declared that the measure was unconstitutional. Because the state officials responsible for defending Proposition 8 abandoned their oath of office and refused to do so, it fell to the proponents of the measure to defend the initiative through the federal court system.”
Guess Brown should try to understand that, by that reasoning, the only US Supreme Court justice who could have ruled on Prop 8 was Ruth Bader-Ginsberg, Stephan Breyer and Elena Kagan. All are from more pro-LGBT denominations within Judaism. The others are all Roman Catholics who would have to recuse themselves because of their bishop’s views on homosexuality.
What is more, Attorney Generals and Governors have the discretion to not argue particular cases. President George W. Bush and his attorney generals did that constantly.
Brown goes on to kvetch saying “The way that activist judges have dealt with Proposition 8 is a travesty of justice and undermines the rule of law and the democratic process itself. The legitimate votes of 7 million Californians, and their fair-minded, reasonable position that marriage should be defined as the union of one man and one woman, have been trampled underfoot by derelict politicians and activist judges. However, this is not the end of the debate. No judge or politician can redefine what God has created. NOM and our allies will work to make sure the people of California, and other states where marriage has been redefined have a voice speaking for true marriage. So-called same-sex ‘marriage’ is a political creation; it doesn’t exist in reality. Eventually it will fall, and we will restore natural marriage in California.”
Brown keeps talking about ‘natural’ marriage, and has yet to provide us with a legally married pair of porcupines or for that matter, any legally married animals. Marriage does not exist in nature, and is wholly a human concept.
As for what God created, it should be noted that not even every Christian agrees with Brown’s interpretation of what the Bible says.