The REAL Problems with Supreme Court Hearings on Marriage

A battle is brewing in the Supreme Court hearings this week.

Tuesday the Supreme Court will hear arguments on Proposition 8, California’s law defining marriage. Wednesday it will hear arguments regarding the Defense of Marriage Act (DOMA) signed into law by President Bill Clinton.

I am very concerned about what the Court will decide but not for the reason you may think.  Let me give you two ideas and then a suggestion.

First idea, the REAL problem regarding marriage is not that it may be redefined by the Supreme Court, but that it is already BEING REDEFINED in the court of public opinion. Marriage is taking a beating and not just by gay activists. On multiple levels the institution of marriage is being dismantled. It is almost unheard of now for couples not to live together before they are married. Divorce ends half of marriages including Christian marriages.

Even if the Supreme Court upholds Prop 8 and DOMA, we, the upholders of a covenantal, Biblical view of marriage have a lot of work to reinvigorate marriage as noble and honorable. Please do not vent your anger at gay activists believing you have done your part to protect marriage. Somehow we must figure out how to proactively ennoble the greatness of marriage, not just defend it from redefinition.

Second idea, the REAL problem with the Supreme Court hearings is that Power/Authority has been taken from the many and put in the hands of the few. The great American experiment as stated by Lincoln at Gettysburg was to create a government of the people, by the people and for the people.

Our governmental experiment was built on a worldview that looked like this…




Government yielded to man. Man recognized the sovereignty of God. The order was important.

Power/Authority over government rested in the People.

Now stay with me a minute. When the Founding Fathers designed the three branches of government, they were not co-equal. This is a commonly taught myth. The strongest branch of government was the Legislature (particularly the House of Representatives) Representatives were the most accountable because they were closest to the people. They had to answer to the people every two years. Prior to the 15th Amendment established in 1913, even senators were chosen by representatives.

The weakest branch of government was the Judiciary. Federal judges are appointed not elected. Judges’ responsibility is very limited in scope. They did not have power create law, only to uphold the basis of law- The Constitution. They were given less power because they were not directly accountable to the People.

Thirty-two states have voted on state constitution amendments to define marriage as between one man and one woman. 70 million votes.   A handful of federal appeal court judges nor nine Supreme Court justices should overturn a law created by the people following constitutional procedures.

Judges whose existence is to uphold the law may actually model lawlessness if they overturn Prop 8 or DOMA.

The courts need to stay in their limited lane and stay clear of shaping society. History illustrates. Regarding the horror of slavery, the Supreme Court got it wrong – the Dred Scott ruling. The House of Representatives got it right – the 13th Amendment. (See the movie Lincoln).

If the Supreme Court reverses Prop 8 or DOMA, the cataclysmic damage is not to marriage but to America’s Constitutional Republic. A government of, by and for the people becomes the tyranny of an elite, overreaching few.

Now my suggestion.

Go back to the worldview idea…




Let us have great faith in God who instructed us to pray for those in authority (I Timothy 2:2). God undeniably moves on our prayers. We are not without recourse. This battle is not between political parties, nor branches of government, nor even people who have different views on marriage.

The battle is deeper than that. It is over the heart and soul of this nation.

Let us pray…