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Derrick Wilburn

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Gay “Marriage”—the Chicken or the Egg?

Derrick Wilburn
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An ever-increasing number of states adopting some form of legalized homosexual “marriage” is the contemporary revival of the age-old question, “which came first, the chicken or the egg?”  The modern version of this question is, “are states legalizing gay marriage because more Americans are in favor of it, or, are more Americans in favor of it because states are legalizing it?”

With state after state in the USA adopting some form of legalized homosexual marriage it would be easy to reach the conclusion that times are changing and American values are shifting in the direction of acceptance of homosexual union. While there is some movement in public perceptions the answer to the question is “well, yes and no”. Yes, there is a shift among Americans toward gay marriage – but certainly not all Americans. In fact this shift is taking place among a very tiny fraction of American citizens. One such individual is Richard L. Young.

Mr. Young is a U.S. District Court Judge in Indiana who struck down the state’s constitutional definition of marriage (as voted upon by the majority if residents of the state) as being between one man and one woman. No, Americans in general are not screaming for gay marriage. Yes, some Americans are moving in the direction of legalized same-sex marriage, it so happens that the citizens who seem most in favor of redefining marriage are known by a single word -- judges.

While it probably is true that perceptions are slowly shifting among the populace en masse, such tidal changes typically take decades if not generations to show up as legislative changes, let alone constitutional ones. The wave of states legalizing same-sex marriage unions is not the result of shifting values in America, it is the result of amazingly resilient and determined activists using the courts to overturn the will of the people.

Homosexual marriage amendments (or state-constitutional bans thereof) have been placed on ballots 34 times and have been defeated 31 times. Yes, even in California Proposition 8 -- an amendment to the state's constitution that denied same-sex couples the constitutional right to marry -- passed overwhelmingly. Yet California has same-sex marriage. Why? How is that possible if the masses spoke, and in California's case spoke loudly?

What’s happening in state after state is not the citizenry is giving its seal of approval to same-sex marriage -- in fact, we are doing quite the opposite. Then once a measure fails lawyers funded by activists file lawsuits and begin a legal process. If and when the first attempt fails they file an appeal and try again. And again. And again. These lawsuits run up through the court system until finally landing on the desk of a judge sympathetic to the cause. That judge then takes the will of the people as expressed through the ballot box and with the stroke of a pen throws it out.

There are currently nineteen states that have legalized same-sex marriage, of those nineteen just three have done so as a result of the popular vote of the people (Maine, 2012; Maryland, 2013; Washington, 2012.) On this topic at least, the desire of the voting public is secondary to the desire of the judicial ruling class. And it is a very small class indeed. Our nation’s direction as it relates to gay-marriage is being determined not by the tabulation of hundreds of thousands if not millions of votes per state. No, it is being determined by men like Richard Young. 

Another such individual, Justice Henry F. Floyd serves on the Fourth U.S. Circuit Court of Appeals in Richmond, Virginia. He along with a colleague similarly ruled that Virginia’s constitutional provision for definition of marriage has got to go. Last month (on July 28, 2014) the two of them overturned the state’s (aka: the people’s) constitution. Virginians voted 57 to 43 percent (a thorough drubbing) in 2006 to amend the state’s constitution thus banning gay marriage. It was clearly what the people wanted. Mr. Floyd sees things differently and in essence said to the people of Virginia, “Sorry, you rubes.” If that weren’t enough, the 4th Circuit’s decision will also apply to all other states in the district (Maryland, North Carolina, South Carolina, Virginia, West Virginia.)

Including the forementioned Indiana that makes six states with a combined population of approximately thirty-seven million people; the will of those people as expressed in the writing and amending of their state’s constitution has been obliterated by but three individuals.

Since the Supreme Court’s dismantling of the Defense of Marriage Act one year ago there now has been twenty consecutive federal court decisions in favor of same-sex marriage. Twenty in a row! The decision did not embolden gay-marriage activists to continually present the issue to Americans as ballot initiatives, rather it opened the floodgates to sue, sue, and sue some more. Note the headlines of the following articles, all published in 2014:

SIX COUPLES FILE LAWSUIT

FEDERAL APPEALS COURT STRIKES DOWN BAN

FEDERAL JUDGE STRIKES DOWN STATES BAN ON GAY MARRIAGE

ACTIVISTS CHEER COURT RULING

Notice any commonality? None dealing with actual election results because the election results are consistent and are not something for gay-marriage proponents to applaud. None tout the idea of letting our systems of self-governance run its course. None trumpeting “We the People”. Rather all of these stories (and I could easily have posted links to dozens and dozens) have gay-marriage proponents applauding court decisions, not election results.

So don't be fooled into thinking “Americans now want same-sex marriage.” The truth is, “a handful of Americans now want same-sex marriage.” It so happens that some of that handful have jobs that grant them the power to simply overrule the will and desire of the masses, even if only temporarily. As it relates to this particular topic, we are not being governed according to the will of the people. We are being governed by the wills of two or three or so.

Voters have chosen to define marriage as between “one male and one female” in 31 states.  In 15 of those states the will of the people has been summarily overturned by a judge. All 15 of those rulings from the bench have occurred in the last 10 years. The remaining state constitutions are under attack as you read this. When it comes to legalized homosexual-“marriage” versus state’s rights we now know which came first – it was the chicken.

This article was first publishes on American Thinker and has been re-published with permission of the author. Derrick Wilburn is the founder, President and Chairman of the Board of the Rocky Mountain Black Conservatives, American Conservatives of Color, and BlackandConservative.com

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Kim Davis refusing to issue marriage license to same-sex couple Frame from Times video
Mass Resistance

Kim Davis jailing only beginning of what is in store for America as revealed in June 27 “gay” magazine

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September 4, 2015 (Mass Resistance) --The judge told her that she’ll stay in jail until she’s willing to change her mind -- and go against her conscience and faith. He said that he’d review the situation in a week. The judge said that he jailed her because fining her  “would not bring about the desired result of compliance”.

There are approximately 125 county officials throughout Kentucky who can issue “gay marriage” licenses. But the judge was adamant that every county official must be forced to do it and that religious freedom cannot be allowed, despite the First Amendment.  “The idea of natural law superseding this court’s authority would be a dangerous precedent indeed,” he said.

See video of Kim Davis, turning away very angry same-sex couple demanding a marriage license.

In 2004, 75% of Kentucky voters passed a State Constitutional Amendment restricting marriage to one man and one woman. On Thursday, Sept. 3, County Clerk Kim Davis was sent to jail by U.S. District Judge David Bunning because she refuses to issue “gay marriage” licenses, a decision which she says is rooted in her strong Christian faith.
 

The post-“gay marriage” revolution

Most pro-family people didn’t see the chilling article that appeared in The Nation, a major left-wing magazine, the day before the U.S. Supreme Court “gay marriage” ruling came out. The article outlines where the LGBT movement is going after “gay marriage.”

The Nation article, “What’s Next for the LGBT Movement?”, quotes four high-profile LGBT activists who reveal that “gay marriage” was never their final goal. The LGBT movement will not be stopping to rest, they say. Their plan is to delegitimize and crush all opposition to their agenda everywhere in America – particularly in the churches -- no matter how small.

Some of the things the article outlines:

  • “Dis-establish marriage.”  “Gay marriage” was simply a stepping stone. Their actual goal is that there be no formal marriage rules at all. This means group marriages are next, then incestuous marriages, and later even marriages to minors. It would simply be up to the people directly involved to decide.
  • Pass strong LGBT “non-discrimination” laws across the US. These are the laws that force bakers to bake “gay marriage” cakes or face huge punishments. Such laws would also force schools to include LGBT indoctrination. Most states still do not have the onerous laws the LGBT movement demands. The activists refer to those states (mostly in the South and Midwest) as “zones without rights” in their propaganda.
  • Ban all “religious liberty” laws. They consider religious liberty to be a dangerous ploy to “undermine all civil rights laws” that must be stopped at all costs. All people must be forced to follow the LGBT agenda, with no exceptions.
  • Demonize pro-family conservatives and silence all dissent. They plan to direct “massive amounts of funds” to “expose and defeat the right wing” across America.
  • Push a radical political agenda. They plan to leverage their power to support Marxist economic policies, the right to “early term abortion,” and similar policies.


Starting to happen

Last month the Denver City Council moved to deny the Chick-fil-A restaurant chain permission to do business at the Denver Airport because the company’s president said he does not agree with “gay marriage.” One Council member labeled the president’s pro-marriage beliefs “discriminatory political rhetoric,” and must not be allowed to make profits from the city’s airport. (Chick-fil-A restaurants have never been accused of actually discriminating against anyone.)

The national homosexual group Human Rights Campaign is already raising millions of dollars to fight religious freedom laws around the country.

And of course, there’s the upswing of left-wing hate and demonization of religious people. The day after Kim Davis was jailed, the Boston Globe prominently published an op-ed article titled “Kim Davis follows the footsteps of George Wallace” which states, among other things, that “Davis is just the latest in a long, infernal line of fanatics to contort their so-called faith into an excuse for hatred and division.” The Left’s hatred of religious people is visceral, and now it’s coming to the forefront.
 

Lots of hypocrisy

The jailing of Kim Davis by Judge Bunning, like most of the Left’s actions, has more than a whiff of hypocrisy. When San Francisco Mayor Gavin Newsom began illegally ordering county clerks to issue “gay marriage” licenses in 2004, or in 2009 when California clerks (and the Governor) ignored the Prop 8 ruling against issuing “gay marriage” licenses, no judge intervened at all. 
 

Cowards and compromisers

It pains us to say it, but for decades the pro-family movement has been crippled from gaining ground by cowards and compromisers, from top to bottom. Don’t get us started on what led to the disastrous the Supreme Court “gay marriage” ruling.  And it continues with the Kim Davis issue.

While Kim Davis sits in jail, five of her six deputy clerks shamelessly have agreed to abide by the judge’s wishes and started issuing “gay marriage” licenses. (The one holdout is her son.) According to news reports, starting the very next day they were issuing them quite cheerfully, even shaking the hands of the newly “married” homosexual couples.

A disturbing number of pro-family and church leaders across the country have sided with the Federal Judge, saying that Kim Davis should go to jail for “not following the law.”  (Actually there is no “law” on the books – it is only a court ruling. Nor could the judge cite such a law.) 

Even the National Review has published an article saying “[R]eligious-liberty protections cannot act as a bar to gay couples: If the law permits a U.S. citizen to get a license, there must be a way for the gay couple to access it, with their dignity intact."
Wonderful. What a lame movement we're in!
 

What can good people do?

We can certainly see what’s coming up. It’s a hardcore take-no-prisoners approach. We must react accordingly. What most of our movement has tried hasn’t worked and isn’t going to work.

MassResistance believes that their whole program must be confronted. Using what resources we have, we believe in taking the offensive. This means challenging that movement everywhere we can. First and foremost means not holding back on telling the unabashed truth, no matter what the consequences. (For example, most conservatives are squeamish about talking about the well-documented medical and psychological destructiveness of homosexual behavior.)

The LGBT movement wins when we become afraid to confront them. 

This article was originally published on the website of Mass Resistance and is re-published with permission.

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Obama and Hillary support Christian clerk’s arrest over gay ‘marriage’

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By Ben Johnson

ROWAN COUNTY, KY, September 4, 2015 (LifeSiteNews) -- The front runner for the Democratic presidential nomination believes that Kim Davis deserved to be jailed.

Shortly following Kim Davis' arrest on Thursday afternoon, Hillary Clinton retweeted a story about Davis' arrest for refusing to issue marriage licenses to homosexual couples, saying all elected officials "should be held to their duty to uphold the law - end of story."

The White House seconded that assessment. The punishment - jail time, rather than a fine - was "appropriate," White House spokesman Josh Earnest said during his daily press briefing on Thursday.

The Obama administration spokesperson went on to say that "the principle of the rule of law is central to our democracy."

Calls to imprison Christians who refuse to participate in same-sex "marriage" have intensified on the Left since the late June Supreme Court decision that imposed same-sex "marriage" on the nation.

As Davis was taken out of the federal court room to her jail cell, gay activists yelled, "Love won! Love won!"

Shortly after her arrest, opinion writer E.J. Montini wrote that Davis "was found in contempt of court and sent to jail. Good."

Their position could hardly contrast more sharply with those of some Republican presidential contenders.

Mike Huckabee is holding a #ImWithKim rally in Kentucky on Tuesday to support Davis, who remains in jail today.

Sen. Ted Cruz has said the arrest - which was ordered by a Republican-appointed federal judge - constituted "judicial tyranny."

Not all Republicans agree, though. Chris Christie said that he would demand that clerks participate in the public recognition of same-sex "marriage" regardless of their religious convictions. Lindsey Graham and Carly Fiorina have had similar sentiments.

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Ted Cruz: Kim Davis’ arrest is ‘tyranny’ intended to drive Christians from office

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By Ben Johnson

ROWAN COUNTY, KY, September 4, 2015 (LifeSiteNews) - The arrest of Kim Davis has sent shock waves throughout the nation - and a clear message: Christians have no place in the public square, according to Sen. Ted Cruz.

When the deeply religious clerk was hauled off to jail Thursday afternoon, "judicial lawlessness crossed into judicial tyranny," Cruz said.

Same-sex "marriage" was imposed on the nation by a 5-4 Supreme Court judgment authored by Justice Anthony Kennedy. The arrest of Kim Davis on "contempt of court" charges was ordered by U.S. District Court Judge David Bunning, a George W. Bush appointment who is the son of former moderate Republican senator and baseball great Jim Bunning of Kentucky.

"Those who are persecuting Kim Davis believe that Christians should not serve in public office," Cruz said.

His analysis is shared by former Sen. Rick Santorum. He warned, "More and more people of faith will face the penalties Ms. Davis is now encountering if we do not make the necessary accommodations so people can not just worship but live out their faith in their lives."

Santorum called for passing the First Amendment Defense Act to prevent scenes of clerks being arrested, florists being fined, and bakers being forced out of business.

"This is wrong. This is not America," said Cruz, who recently hosted a Rally for Religious Liberty that featured many of those whose businesses have suffered for following their faith on the issue of sexuality. "I stand with Kim Davis. Unequivocally."

"I stand with every American that the Obama administration is trying to force to choose between honoring his or her faith or complying with a lawless court opinion," Cruz said. “I call upon every believer, every Constitutionalist, every lover of liberty to stand with Kim Davis."

Former Arkansas Gov. Mike Huckabee will literally do that, as he hosts an #ImWithKim rally in Kentucky on Tuesday to support Davis.

Cruz joins other Republican presidential candidates who support the Kentucky Christian clerk.

"I think it's absurd to put someone in jail for exercising their religious liberty," Sen. Paul, R-KY, told CNN on Thursday afternoon. "I think it's a real mistake to be doing this."

Sen. Marco Rubio of Florida agreed, “There should be a way to protect the religious freedom and conscience rights of individuals working in the office.”

However, other candidates disagreed. Chris Christie said on Fox News Sunday that laws should be enforced against Christians who decline to participate in gay "marriages."

Sen. Lindsey Graham and Carly Fiorina similarly agree Davis should have issued the marriage licenses, regardless of her faith.

Democratic presidential candidate Hillary Clinton tweeted that laws should be enforced, as she shared a story of Davis' arrest on Twitter.

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