There are reasons why the Founders instituted the balance of powers. Ever since 1947’s Everson we have seen plenty of them as a result of activist judges.
California’s Supreme Court is the most recent case in point. Yesterday at 5:01 pm, the state of California began legally marrying gays. But what most people don’t realize is that by having a handful of liberal, agenda-driven judges create new law, thus doing the job of the legislators, you don’t actually have a law. You have an opinion. The proper order of events after a decision, is the legislature then creates the law based on the opinion and the governor then has the option to sign or veto the new law.
This is like common sense for those working in the legal field. As such, Liberty Counsel filed a petition last week with the appeals court on behalf of the Campaign for California Families, asking the court to delay issuing marriage licenses to same-sex couples.
“The California Supreme Court only addressed two of the many statutes regarding marriage. You can’t simply address two statutes when there’s literally hundreds of others, all of which reference ‘men’ and ‘women,’ ‘male’ and ‘female,’ ‘husband’ and ‘wife,’ all of which have to be addressed,” Mat Staver explains. (emphasis added)
The Liberty Counsel chairman says failure to take matters such as that under consideration is one of the primary reasons the U.S. and state constitutions do not let judges write laws. “All of the confusion illustrates one point: judges should not be in the business of being politically active lawmakers,” Staver points out.
The appeals court, according to the attorney, should stay the decision to give the legislature time to examine the hundreds of other state statutes that could come into conflict with the Supreme Court’s ruling. “It’s that court which is tasked with implementing the particular ruling. It’s at that level we’re asking, now, this court to do its job, to follow the rule of law and to stay this decision,” Staver says.
Chances of success for Liberty Counsel are slim – the appeals court has a little brother complex in regards to the Supreme Court. Lil bro probably won’t overrule Big bro.
We’ll have to wait until November when the marriage amendment will hopefully be passed. All indications and polls signify it will be. This critical amendment will then nullify every marriage certificate handed out to same-sex couples between today and November 4th.