
posted by Pastor Charles R. Moore
You may or may not be following the Perry v. Schwarzenegger case. You should! This case in federal court (U.S. District Court, Northern Division) is a challenge to the constitutionality of California’s Proposition 8.
If you’re unfamiliar with Prop 8, it amended the California state constitution so that marriage in the Golden State is specifically defined as only between a man and a woman. Though the California Supreme Court had opened the door to same-sex “marriage” in our state, more than 7 million Californians in November 2008 voted to restore the traditional definition of marriage. In May 2009, the state Supreme Court held that Prop 8 had been lawfully enacted. That determination by the state court is now under scrutiny in federal court because of this lawsuit, which is being spearheaded by a well-funded organization representing as plaintiffs two same-sex couples in our state.
The stakes in the Perry case are high. Whatever the outcome, it will likely advance to the United States Supreme Court. If Prop 8 is ultimately overturned, marriage laws in 45 states will likely be nullified, and the federal Defense of Marriage Act (DOMA) will be in jeopardy.
What most concerns me about the Perry case is not that the citizens of our nation are embattled over the rights of homosexuals to marry. We have known of this significant divide for some time. My distress comes from how the plaintiffs in the case are currently attempting to prevail in court.
As far as I know, this is the first marriage case in American history where a judge has allowed the thoughts, motivations, and personal religious beliefs of people to be put on trial – to be investigated for “improper” intent. It is happening.
On January 20, attorneys for the plaintiffs submitted evidence of the “improper” influence of Baptists, Catholics, and other significant religious communities that supported traditional marriage. As though there were no First Amendment in our land, the court allowed these lawyers access to the internal records of churches – including private communications between and among church members.
For any American, of any political or moral persuasion, this should be chilling.
The proponent of a voter initiative was forced – under penalty of perjury – to defend his personal political and religious beliefs! That alarming strain of interrogation seems to me more like Nazi Germany than America.
When the supporters of traditional marriage get their chance in this case, they will labor to demonstrate to the court that the voters of California have rationally determined a legitimate definition of marriage. Much of their argument will center on natural childrearing, and we as evangelicals hope and pray that the courts in our land will preserve marriage as we believe God has prescribed it for our good and His glory. At this point in time, that is the expressed will of the majority of Californians.
That being said, I would call upon all who support “gay marriage” to consider the danger for all of us when religious liberty is threatened for any of us. It may seem expedient to silence the voice of the church in order to advance a political cause, but at what cost to a nation that values “liberty and justice for all”?
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” It’s still the law of the land, I think.
Follow the case! Pray. Love everyone, even those with whom you disagree. Share the wonderful grace of the Lord Jesus Christ with the person least likely to receive it.
And trust our sovereign God (Proverbs 21:1).
Pastor Charles
