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Iowa Supreme Court Invents 'Right' to 'Gay Marriage'
4/3/2009

Liberty Counsel (www.lc.org/)

If you think you saw a fight in California to restore natural marriage with the successful passage of Proposition 8, then hold on to your hats.

The Iowa Supreme Court has earned its rightful place in the judicial activism hall of shame. It has infected the wholesome heartland with the same malady eating away at natural marriage, family and morality at our nation’s coastal and ideological fringes.
The Iowa Supreme Court has earned its rightful place in the judicial activism hall of shame. It has infected the wholesome heartland with the same malady eating away at natural marriage, family and morality at our nation’s coastal and ideological fringes.
DES MOINES, IA (Liberty Counsel) – Matt Barber, Director of Cultural Affairs with both Liberty Counsel and Liberty Alliance Action, and Associate Dean with Liberty University School of Law, released the following statement today in response to news that the Iowa Supreme Court has issued an opinion imagining a “fundamental” constitutional right to “same-sex marriage”:

“Here we go again,” said Barber. “While citing the specter of ‘equal protection,’ the Iowa Supreme Court today has unanimously joined a leftist gaggle of ideologically driven judges in California, Massachusetts and Connecticut, creating, from thin air, a phantom ‘right’ to the ridiculous, oxymoronic and postmodern ‘gay’ marriage counterfeit.

“Although, not controlling here” continued Barber, “the U.S. Supreme Court long ago rejected the untenable notion that ‘equal protection’ requires two biologically incompatible persons to be permitted to ‘marry.’ Marriage, of course, by its very spiritual, historical and biological nature, requires binary compatibility. It is no more discriminatory to disallow two men from marrying each other, than it is to prohibit a man from marrying his house plant.

In Baker v. Nelson, our nation’s high court rightfully observed: “The institution of marriage as a union of man and woman, uniquely involving the procreation and rearing of children within a family, is as old as the book of Genesis. … Marriage and procreation are fundamental to the very existence and survival of the race.”

“Taking its solemn vow seriously in Baker,” said Barber, “the Supreme Court exercised judicial restraint; properly holding that to rule otherwise would constitute an unconstitutional exercise of ‘judicial legislation.’

“What a contrast. Today, the Iowa Supreme Court cast aside any semblance of judicial restraint doing exactly that which the U.S. Supreme Court detested. It unequivocally engaged in ‘judicial legislation,’ unconstitutionally manufacturing law from the bench. No one in his right mind would suggest that the framers of the Iowa Constitution could have ever imagined the silly and incongruous notion of ‘same sex marriage,’ much less considered it a ‘fundamental right.’

“The Iowa Supreme Court has earned its rightful place in the judicial activism hall of shame. It has infected the wholesome heartland with the same malady eating away at natural marriage, family and morality at our nation’s coastal and ideological fringes.

“If you think you saw a fight in California to restore natural marriage with the successful passage of Proposition 8, then hold on to your hats. Something tells me the fine folks of Iowa don’t cotton to seven black robed autocrats supplanting mid-western values with San Francisco vice.”


- - -

Liberty Counsel is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family. Established in 1989, Liberty Counsel is a nationwide organization with offices in Florida, Virginia, and Washington, D.C., and hundreds of affiliate attorneys across the Nation.

Comments
Hello? This is a CATHOLIC website. the CATHOLIC church says homosexual marriage is WRONG, because Holy Mother Church states that ANY AND ALL sexual relations outside of marriage or between anyone other than a husband and wife are ABSOLUTELY UNEQUIVOCALLY WRONG. So why should we care that our CIVIL courts are acting against God's intent for sexuality? Because this is our nation--we are going to give an account to God for how we respond to sin; and this is sinful. If we don't stand up and say it's wrong, who will?

Are we just going to sit on our hands while our country gets flushed down the toilet? Do we want to raise our children in a country where sin is legal and acceptable? When a society begins to legalize sin and murder, where does it stop? If Christianity is against all these "legal" things, when are people going to start saying that we're saying and doing "illegal things". Paul says that government is a terror only to bad conduct...so we should let "Caesar" know when they're making bad conduct good conduct. Good article, thanks for your courage.
whitney | 4/6/2009
Judicial Legislation - government of lawyers, by lawyers, for lawyers - with unfettered arrogance to admonish the People! All bow down to the bench in their religious robes, raised seats and marble temple courts!

What's next, legalizing marriage between humans and small furry animals? Why not multiple partners? Why shouldn't a community of live-ins have such "rights"?

Once the door to absurdity is opened, there is no end in sight to where it will lead - people don't see hell until they are there.

The mystery of Babylon mother of Harlots, now they are united, they imagine they can do anything! So much for E'Pluribus Unum - give us one nation under God.
Andy Holland | 4/6/2009
i believe i understand the reasons invoked for same-sex marriage namely privacy rights and equal protection. What i am very confused about is what is invoked to say that it's only between TWO people? Exactly! So if you have same sex marriage why can't I not marry more than one woman?
alex | 4/6/2009
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