The fallout from Judge Shelby’s ‘ruling’ overturning Utah’s Marriage Amendment is only just beginning.
Yesterday, Bruce Parker of The Daily Caller penned an important piece, “Utah’s lesson for the other 33 pro-marriage states.” In it he wrote:
In a 53-page ruling, which could best be described as a work of judicial fiction, District Court Judge Robert J. Shelby began by conceding that marriage law is “the province of the states,” but he proceeded to void Utah’s marriage law in a naked power grab that he admitted was not within his purview to do.
By the end of the ruling, Judge Shelby had overturned Utah’s definition of marriage by judicial fiat and replaced it with the one provided by LGBT activists.
The event was not an isolated incident. Within days, a federal district court judge in Ohio issued a similarly contrived judgment against that state’s constitutional marriage amendment. Moreover, according to the ACLU’s web site, copycat acts of judicial legislating are underway in Pennsylvania, North Carolina, Virginia, and a dozen other red states, as part of the group’s national “Out for Freedom” campaign against state sovereignty [emphasis added].
What does this brazen usurpation of power and rejection of the democratic process mean for the other 30-plus states with amendments or laws defining marriage as the union of one man and one woman?
First and foremost, state Governors and Attorneys General must reject these illegitimate rulings, and the people of these states must hold their elected officials accountable to do so. Parker writes, “Indeed, when the two-thirds of Utahns who supported the state’s marriage law awaken from their holiday festivities and realize their constitutional sovereignty has been stolen, the phones at the offices of the governor and attorney general should ring off the hook” [emphasis added].
Parker concludes by quoting NOM president Brian Brown saying, “Our country has seen illegitimate decisions before, going back to Dred Scott. And in the past, when a court has fallen so far afoul of the Constitution itself, executives have had to stand up and say no.”
The people of Utah are up-in-arms and demanding action, to their credit. The sad reality is that, if the ACLU is to be taken at their word, it looks like the voters in 30 other states should start preparing their own plans to fight back in the near future as well.