The Constitution: a Sword or a Shield?

"Our [Supreme Court] cases have consistently refused to allow litigants to convert the shield provided by constitutional liberties into a sword to demand positive entitlements from the State . . .” said Chief Justice Roberts. 

Chief Justice Roberts

"It is revealing that the majority’s position requires it to effectively overrule . . . the bounds of substantive due process. . . Nowhere is the majority’s extravagant conception of judicial supremacy more evident than in its description— and dismissal—of the public debate regarding same-sex marriage. . . Those who founded our country would not recognize the majority’s conception of the judicial role. They after all risked their lives and fortunes for the precious right to govern themselves. . . The Court’s accumulation of power does not occur in a vacuum. It comes at the expense of the people. And they know it. . ."

Alma 10: 27 And now behold, I say unto you, that the foundation of the destruction of this people is beginning to be laid by the unrighteousness of your lawyers and your judges.

Justice Roberts continued,

“If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. . . . But do not celebrate the Constitution. It had nothing to do with it.
 

Those were some of the powerful words that Chief Justice Roberts used when describing the actions taken to bring about gay marriage through the unconstitutional legislation of the United States Supreme Court.  Did I mention that Justice Roberts dissented, as well as Justice Scalia and Justice Thomas.  (Find the syllabus and opinions of the court here).

I read the entire document.  Admittedly, it was easy to be persuaded by the arguments for legalizing homosexual marriage.  I have family members who had been affected by the inability to marry.  However, the decision made by the Supreme Court had little to do with homosexual marriage and everything to do with the democratic process.  Six of the nine Supreme Court Judges took it upon themselves to interpret the meaning of the Constitution, rather than perform their legal obligation of simply applying it.

Justice Scalia said,

Justice Scalia

"Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact— and the furthest extension one can even imagine—of the Court’s claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves. . . A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy."

Finally, from Justice Thomas,

Justice Thomas

"By straying from the text of the Constitution, substantive due process exalts judges at the expense of the People from whom they derive their authority.

The majority’s inversion of the original meaning of liberty will likely cause collateral damage to other aspects of our constitutional order that protect liberty . . . [and] threatens the religious liberty our Nation has long sought to protect.

Our Constitution—like the Declaration of Independence before it—was predicated on a simple truth: One’s liberty, not to mention one’s dignity, was something to be shielded from—not provided by—the State. Today’s decision casts that truth aside. In its haste to reach a desired result, the majority misapplies a clause focused on “due process” to afford substantive rights, disregards the most plausible understanding of the “liberty” protected by that clause, and distorts the principles on which this Nation was founded. Its decision will have inestimable consequences for our Constitution and our society."

"We, the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." 

The Constitution was established for us, but it is being torn to pieces by those claiming certain “liberties” that now override those found within it.  The democratic process is being overtaken by the minority and religious freedom and the traditional institution of marriage are under attack.

Elder Russell M. Nelson, in a commencement address to students at Brigham Young University, made many prophetic statements about marriage and the urgent need to fight to preserve it.  I encourage you to read the whole address here.  

President Russell M. Nelson

"One of the most important things we can do is set an example,

. . . during these perilous times, life will not be comfortable for true disciples of the Lord Jesus Christ.  But we will have his approval . . . as disciples, each of us will be put to the test . . . your individual strength of character is needed now more than ever before. . . The day is gone when you can be a quiet and comfortable Christian.

Disciples of the Lord are defenders of marriage.  We cannot yield.  History is not our judge.  A secular society is not our judge.  God is our judge!"

How important it is to remember these truths, particularly at a time when the fiber of our constitution is being altered and reframed, distorting truths and liberties that were previously held inviolate.  Elder Nelson goes on:

"The future of marriage and of countless human lives will be determined by your willingness to bear solemn witness of the Lord and live according to His gospel.

As disciples of the Lord you will stand as defenders of marriage.  And as you are true and faithful, not only will He help you and protect you, He will bless your families."

We have the promises of the Lord to uphold us and the powers of heaven to sustain us all as we work to defend the very organization of heaven- the family.