Redefining Marriage Is Unconstitutional

By: Curtis Ophoven 0 Comments   10/25/2012

New York is one of six states where marriage has been redefined to include same-sex couples.   

Meanwhile, 32 states have amended their state constitution to only allow marriage between one man and one woman, so that activist judges cannot change the laws and allow other marriages, which they have done in several states like Iowa and California. 

The Defense of Marriage Act (DOMA) was signed into law by Clinton and it protects states that have a constitutional amendment for natural marriage so they do not have to recognize a same-sex marriage from another state.   

President Obama’s administration has refused to defend DOMA, which has forced the House of Representatives to create a legal team to defend the federal law.  

DOMA Second Appeal

A few days ago a federal appeals court in New York became the second appeals court to rule against DOMA, ruling (2-1) that the law is unconstitutional because it does not allow people to share the legal transfer of assets if they move to a state where only the union of one man and one woman is considered a legal marriage. 

The argument for this ruling is very weak because there are many other ways in legally own assets without being married.  The judges did not consider the constitutionality of the states that have redefined marriage, and yet they are willing to say that if any state creates a law, all states must abide by that law. Their ruling is clearly unconstitutional.  

What these judges are saying is that because some states have redefined marriage, it is somehow unconstitutional for the other 32 states that have a constitutional amendment protecting marriage to only be the natural relationship of one man and one women.  

In response to the first Federal appeals court ruling, 15 states filed a legal brief in support of DOMA.

The Supreme Court will soon have to rule on one of these DOMA cases, in which they are likely to rule in favor of DOMA and protect states’ rights based on the 32 states' constitutional amendments.  But they could rule against DOMA and thereby force the federal redefinition of marriage across the nation.   

The US Constitution 

The real problem is not DOMA, but the seven states that have redefined marriage to be something that it is not.  It is unconstitutional to redefine marriage in the first place, because the US Constitution was created to defend and protect natural rights that come from God so that no laws are created against them. 

DOMA was created to protect states from other states that have unconstitutionally redefined marriage.  

The government didn’t create marriage, God did by creating male and female and the natural union they form. Therefore the government has no right to redefine marriage, just as the government has no right to take life because it does not give life. 

The role of the government as given in the US Constitution is to uphold and protect the natural God given rights.  Our Constitution states that our rights are natural or "self-evident", that we all know what is right/wrong because our conscious tells us; 

“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."

To change the marriage license that the state gives out into something that is not 'self-evident' by our Creator is unconstitutional.  It is to create our own rights that are not self-evident, and by doing so we will have to force everyone to abide by them.

This is unconstitutional and it makes the government the enforcer of these new rights which are not part of the natural order of how we were created.  And it promotes them above our 'self-evident' God given rights, of which the Constitution says no government should create laws against.

Redefining marriage does not move our nation forward, but backward.  Instead of gaining rights, everyone loses the God given rights that the US Constitution was created to protect.

Creating laws that redefine marriage effects everyone and every aspect of life.

This is why it is very important to vote 'YES' for the MN Marriage Amendment on November 6th.

DelightMedia.com


Current Catalog

Reader Comments

Be the first to leave a comment!
Write a Comment

Please keep comments civil and on-topic. Abusive or inappropriate comments will be removed without warning.

 Name (required)   
 Email Address (required)   
 Website URL 
Comment  
The Meaning of Marriage: Facing the Complexities of Commitment with the Wisdom of God

The meaning of marriage is misunderstood in todays modern culture. This coupled with insightful commentary from his wife of thirty-six years, Kathy, Timothy Keller shows that God created marriage to bring us closer to him and to bring us more joy in our lives. It is a glorious relationship that is also the most misunderstood and mysterious. With a clear-eyed understanding of the Bible, and meaningful instruction on how to have a successful marriage, The Meaning of Marriage is essential reading for anyone who wants to know God and love more deeply in this life.

The Case for Marriage: Why Married People Are Happier, Healthier, and Better Off Financially

Marriage is a public health issue: being single can take almost 10 years off a man's life. The authors combat every negative myth regarding marriage--that it imprisons women or provides the context for abuse--with statistics showing its benefits: married people live longer, are healthier, have greater wealth and happiness, have sex more often, and provide a healthier, happier environment in which to raise children. The authors debunk many myths about marriage and explain the how and why for these results by translating social science theories into layman’s terms. The conclusion is that it is in our best interest to strengthen and uphold marriage and uphold the laws that work to strengthen it.

The Ring Makes All the Difference: The Hidden Consequences of Cohabitation and the Strong Benefits of Marriage

How can young couples determine if moving in together is a wise move? With more than half of American young adults cohabitating sometime in their adult lives, pastors and counselors need to be prepared to advise young adults with factual and scriptural truth. With credible data and compassion, Stanton explores the reasons why the cohabitation trend is growing; outlines its negative outcomes for men, women and children; and makes a case for why marriage is still the best arrangement for the flourishing of couples and society.

What's the Difference?: Manhood and Womanhood Defined According to the Bible

John Piper delivers a carefully studied Biblical portrait of what it means to be a man or a woman. The principles are a solid framework that trumps cultures and time because it is based on our original design. The chapters dealing with "The Meaning of Masculinity" and "The Meaning of Femininity" are worth reading because they explain the boundaries of these ideas. Piper shows that men and women were designed for different roles and responsibilities that complement each other – so that when taken together in marriage – they become one complete package. It you want to understand the deference between you and the opposite sex, this book provides clarity to the otherwise confusion taught by modern secularism.