Christians began to lose the fight for marriage the day they accepted the United States Supreme Court’s (scotus) imposition of a mandate for the absolute separation of church and state, notwithstanding the fact that no such mandate is articulated in the United States Constitution (the Constitution); because in order for a violation of the mandate to be a constitutional violation the mandate must be a part of the constitution. Only congress and the people; not the scotus, have the power to make the mandate a part of the Constitution and to date it has not been done.
In accepting the scotus mandate, congress and the people gave tacit approval to the scotus charging constitutional violations without constitutional foundation.
Marriage cannot be successfully defended by debating the definition of marriage; DOMA has already defined it. The only way to prevail is to sustain a charge of breach of contract that invalidates all court actions relative to marriage.
In any American court of law, the court cannot consider anything not expressed or implied in a contract in making a determination relative to that contract. The Constitution is the contract between the states and the federal government which articulates the conditions under which the states agree to defer to federal governance, the federal government’s responsibilities to the states and the limits on the federal governments ability to insinuate itself in state matters.
The first thing the contract does is establish self governance; by vesting “all” legislative power in congress; ostensibly the voice of the people; and establishes the method by which the people choose their representatives.
The second thing it does is establish a leader for the country who is also (albeit indirectly) chosen by the people.
Then, as a defense against the preeminent power vested in congress, it gives the leader veto power over the congress and balances that power by giving congress a means to override, This is the extent of the legislative process promulgated in the Constitution.
The third thing the contract did was to establish a Supreme Court whose primary function is to adjudicate allegations of violations of the contract by states enacting laws antithetical to the precepts of the contract. The court members are not subject to election by the people and are given lifetime tenure to insulate them from outside influences; and they are excluded from the legislative process to avoid bias when hearing cases involving legislation crafted by the court.
The contract does not express or imply that any court ruling attains the force of law. It does not express or imply that the court has the power to amend, repeal or otherwise invalidate any law passed by congress. It does not express or imply that any court ruling can effectively expand the power of the court beyond what is expressed in the Constitution.
This means scotus had no constitutional authority to invalidate any portion of the Defense of Marriage Act (DOMA) so that DOMA is still the law unless and until repealed by congress and that any state laws which flow from DOMA are in fact constitutional,
Also, the scotus’ use of “substantive due process” is also a violation of the Constitution because its sole purpose is to favor one group over another thus denying the disfavored group the equal protection of the law. It is not a function of the court to exalt subcultural or minor interests by holding the predominate culture to a higher legal standard
Therefore, anyone interested in preserving the American marriage paradigm and or the separation of powers and the Constitution should daily remind their congressional representatives that “case law” is not law; DOMA is the law and any jurist ruling in violation of the law should be impeached. Courts cannot make or amend federal law. Text, tweet, email, post on Facebook, send a YouTube video; anything to make sure congress gets the message.
If your representative lacks the intestinal fortitude to assert the power vested in the congress by the Constitution it is time to get rid of him or her and elect someone who can.
Failing to move congress to act will result in scotus declaring a constitutional right to gay marriage even though there exists no constitutional right to marriage. Then if Justice Ginsberg has her way the Second Amendment will be the next casualty.