The same-sex marriages taking place in Massachusetts are a perfect example of the breakdown of the rule of law in our society. Not only did the courts rebuff the legislature and ignore the will of the people in imposing same-sex marriage in Massachusetts, but their example has also encouraged disregard for the legal process all across the state among other Massachusetts government officials.
Before the same-sex marriage law took effect, Governor Mitt Romney announced that same-sex couples from other states would not be allowed to marry in Massachusetts, since their marriages wouldnt be legal in their home states. But in several cities, officials who believe that Romneys stance is discriminatory are marrying out-of-state couples anyway. The Washington Post reports, Romney has threatened legal consequences against clerks who do not follow his guidelines. He said licenses issued to out-of-state couples would be null and void, a stance that is expected to be challenged in court.
To his credit, Governor Romney is following the law and obeying the court when the court handed down a judicial coup detat, basically by a 4 to 3 vote telling the legislature it had to enact same-sex marriage statutes. Then when the legislature passed a constitutional amendment against same-sex marriage, which cannot take effect until 2006, the court refused to stay its order. Thats judicial tyranny, and though it must have hurt the governor and the legislature, coequal branches of government, they obeyed the lawnot so across the state of Massachusetts with the clerks, however.
What they are doing is very much like what happened a few months ago when the mayor of San Francisco issued same-sex marriage licenses in direct violation of state law. Its also like what county officials in Benton County, Oregon, have been doing since March. Theyre refusing to grant any marriage licenses because, again, they believe that allowing only heterosexuals to marry is discriminatory.
As I said at the time of the San Francisco debacle, when government officials wont uphold the rule of law, a nation begins to slide into anarchy. The mayor broke the law because he thought it was wrong and discriminatory. Well, if we all broke laws simply on that basis, how long would this country survive?
Its true that some Christians have practiced civil disobedience in cases where they believed the law to be wrong. But theres a difference: Those Christians believed in a higher law given by God and believed that the particular law they were disobeying went against that higher law. They werent single-handedly trying to create and enforce new laws based on their own personal ideas of right and wrong.
What were seeing in Massachusetts and across the country is the result of a postmodern rejection of truth. If there is no transcendent moral law, and all laws are subject solely to human whim, then whats to stop people in positions of power from making up the law as they go along? As we continue to flout that higher moral law in this country by adopting practices like same-sex marriage, I think were about to find out just how dangerous it can be to live in the middle of chaos. We need a Federal Marriage Amendment now.
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