A pastor/Christian attorney’s perspective on the two marriage decisions June 26, 2013 by the United States Supreme Court.

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Proponents of same sex marriage and their friends in the media have claimed a huge victory and celebrations continue in the Castro District of San Francisco.  But reading the fine print of the two Supreme Court decisions, and seeing that both liberal and conservative Justices participated in rendering them, shows that the many intercessory prayers for the nine Justices were helpful, the spiritual battle is not over yet, and this may open a new healthy dialogue in the largely-dormant body of Christ.

 In short:  Keep the prayers coming!  Read the fine print.  God is still on the Throne.

A legal overview follows, but first a prayer—

 “Abba Father, in Yeshua/Jesus’ Holy Name, we uphold and we will continue to pray for Your definition of marriage to be the law of the land and the foundation of families in this and every other nation.  Lord Jesus, You clearly stated the definition of marriage in Matthew 19:4-6: “ And He answered and said to them, ‘Have you not read that He who made them at the beginning made them male and female,’ and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh? So then, they are no longer two but one flesh.  Therefore what God has joined together, let not man separate.” In those Words You cited Genesis 1:27 “So God created man in His own image; in the image God He created him; male and female He created them.”  You also cited Your Truth found in Genesis 5:2: “He created them male and female, and blessed them and called Mankind in the day they were created.”  You also cited Your Truth found in Genesis 2:24: “Therefore a man shall leave his father and mother and be joined to his wife, and they shall become one flesh.”  And Lord Jesus You also repeated this definition of one man, one woman marriage in Mark 10: 6-9 where You said, in verse 6, “But from the beginning of the creation, God made them male and female. For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh, so then they are no longer two, but one flesh.  Therefore what God joined together, let not man separate.”  And, dear Lord, You said in Isaiah 40, verse 8: “The grass withers, the flower fades, But the word of our God stands forever.” So, dear Lord, we stand on Your Word.   Please give us Your Wisdom as we go forward standing up for Godly marriage. In Yeshua/Jesus’ Name, Amen.”

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Here’s the good news: Contrary to the media headlines, in both cases there was no clear ruling nation-wide on the redefinition of marriage.  That was what same sex marriage proponents sought. At the heart of their desire to “normalize” same sex marriage is the deeper longing to have our nation through all laws and through the media declare as “normal” all life in the lesbian/gay/bisexual/transgender culture. 

So there was no pronouncement nation-wide on same sex marriage.  There was no ruling as to some Constitutional right to marry someone of the same sex. In fact, in the Defense of Marriage [“DOMA”] case the court specifically said it was not requiring States to adopt same sex marriage.

That DOMA case held by a narrow five/four decision that federal benefits have to be paid to a same sex spouse if the marriage took place in a State where same sex marriage was provided. There was a stinging dissent by Justice Scalia claiming that the Court was going beyond its proper role in ruling on an issue which Congress clearly had decided without any animus towards homosexuals which the Court now assumes took place. The Family Research Council’s President Tony Perkins issued this statement about the DOMA decision: “We are encouraged that the court learned from the disaster of Roe v. Wade and refrained from redefining marriage for the entire country. However, by striking down the federal definition of marriage in DOMA, the Court is asserting that Congress does not have the power to define the meaning of words in statutes Congress itself has enacted. This is absurd. The Defense of Marriage Act imposes no uniform definition of marriage upon the individual states. However, the states should not be able to impose varying definitions of marriage upon the federal government. The ruling that the federal government must recognize same-sex ‘marriages’ in states that recognize them raises as many questions as it answers. For example, what is the status of such couples under federal law if they move to another state that does not recognize their ‘marriage?’ This decision throws open the doors for whole new rounds of litigation.”

New rounds of litigation—- and more opportunities for prayer, fasting and repentance, awakening the body of Christ, awakening the Bride as part of our getting ready for the Bridegroom-— may also be in store under the Proposition 8 California voter initiative case which same sex proponents have already said they have “won.”

In the Proposition 8 case five members of the Court—a mix of both liberals and conservatives, including Mr. Justice Scalia—- found that the plaintiffs—-proponents of Prop 8 but not State officials— had no “standing” to bring the case up to the Supreme Court.  They avoided ruling on the merits. The Court sent it back to the District Court in San Francisco where initially the District Court judge [ who later admitted he was himself “gay”]  ruled that the Proposition 8 voter initiative discriminated against homosexuals and was a violation of their equal protection rights.

The Supreme Court held that, since California’s government officials refused to defend Prop 8, the “private party” which then took up the defense, the Prop 8 marriage initiative team, had no direct “standing” under federal law, and thus there was no “case” for the Court to decide.  The minority opinion (by four judges) dissented, agreeing with an earlier opinion by California Supreme Court that the official proponents of Prop 8 should be allowed to give Prop 8 a defense. Thus the Supreme Court in the Prop 8 decision did NOT accept the opponent’s pleas to change the definition of marriage, nor did it declare a constitutional right to same-sex “marriage.” The Supreme Court “vacated” (erased) the Ninth Circuit Court of Appeal’s previous ruling against Prop 8.  In so doing the language of that decision favoring same sex rights now provides NO legal precedent for same-sex “marriage.

Here is part of the text of the Prop 8 decision today: “The Court does not question California’s sovereign right to maintain an initiative process, or the right of initiative proponents to defend their initiatives in California courts. But standing in federal court is a question of federal law, not state law. No matter its reasons, the fact that a State thinks a private party should have standing to seek relief for a generalized grievance cannot override this Court’s settled law to the contrary. Article III’s requirement that a party invoking the jurisdiction of a federal court seek relief for a personal, particularized injury serves vital interests going to the role of the Judiciary in the federal system of separated powers. States cannot alter that role simply by issuing to private parties who otherwise lack standing a ticket to the federal courthouse. “

Christian attorney Bob Tyler had this key point on the Proposition 8 ruling: “The Court’s decision today has failed the people of California because it has the potential effect of nullifying the Citizens of their lawful vote. While we recognize that certain members within our society think that justice has been served, they should consider how they will feel one day when their rightful vote is stripped of meaning on some future issue just because the ruling political party disagrees with the people’s vote and chooses not to defend the law. Dangerous precedent has been set that threatens the original intent of a government that exists ‘for the people and by the people.’”

Most interesting, California’s Constitution says that only an appellate court, not a single trial court judge, can stop a proposition’s enforcement statewide.  As of today, there is no such ruling.  Nevertheless, the Governor and Attorney General have rushed forward with plans to make same-sex “marriage” licenses available throughout California in the next three or four weeks.  Almost certainly the team fighting for the Prop 8 Biblical definition of marriage will seek an injunction to stop this implementation if there is any real possibility to make an appeal to another court.

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So, after these two decisions, where do we stand in the body of Christ? First, we must pray and give thanks to God that His Word on marriage has not been violated. What nation can long avoid judgment if it directly opposes the Word of the Living God on holy matrimony? Thank God for the prayers of intercessors on this key national issue for the soul of our nation.  The spiritual battle against principalities will continue.  Litigation will continue. Legislation may come forward.   One positive result is that the issue of same sex marriage is now more out in the open than ever before. There is more time for the body of Christ to be activated around this vital issue of Biblical versus same sex marriage.  Apostate or lukewarm congregations can finally awaken to God’s line in the sand, His precepts on this key issue. We can learn about, and support, Christian ministries that support ex-gays, [such as pfox.org] confirming the truth that with the help of the Holy Spirit the spirit of the flesh can be overcome in any person.  There’s no gene at birth forcing homosexuality. Those that have come out of the lifestyle now need our support. 

Most important, especially as pastors and priests or in leadership positions in our communities, we need to stand for Christ’s position on sins of the flesh as set forth in John 8:11.   In addition to the Lord saying “Neither do I condemn you” the Lord then said to her “ go and sin no more.”  Clearly all forms of sexual immorality are sins for which repentance is required to enter His Kingdom (Revelation 22:15).

In gentleness and love, wise as a serpent, gentle as doves, with information on these two key Supreme Court cases, we now have a new way to breach an awkward subject.  With courage from the Holy Spirit we have now a great opportunity to reach out in love to our neighbors, to speak with the teachers of our children in our community, with members of our local media, frankly dealing with the bigger issue of same sex attraction from a Biblical perspective.  As the salt and light in a culture increasingly clueless about Him, you and I are His Ambassador to witness to everyone—–at school board meetings, during political debates, one on one as neighbors— about the love and transformation only Jesus Christ provides.  How else will they come into the Kingdom and be saved if you and I don’t witness to them—gently and boldly– in the Liberty and Love of the Living God? 2 Timothy 2:23-26 states: “But avoid foolish and ignorant disputes, knowing that they generate strife.  And a servant of the Lord must not quarrel but be gentle to all, able to teach, patient, in humility correcting those who are in opposition, if God perhaps will grant them repentance, so that they may know the truth, and that they may come to their senses and escape the snare of the devil, having been taken captive by him to do his will.”

          Jesus Christ is the Bridegroom and we are His Bride.  To water down marriage is to attack Jesus Christ directly and to attack us Christians as His Bride.  With these two Supreme Court decisions we now have a new opportunity to correct misunderstandings and bring His love and His standards forward to protect and restore the soul of our nation.  And we have the assurance that the battle is the Lord’s——-it’s His Word on marriage.  Even when our leaders lead us astray, the Lord comes in to judge on our behalf. He ALWAYS has “standing”!    Isaiah 3: 12-14 says: “As for my people, children are their oppressors, and women rule over them.  O My people! Those who lead you cause you to err, and destroy the way of your paths.  The Lord stands up to plead, And stands to judge the people.  The Lord will enter into judgment With the elders of His people, and His princes. “

 

 

 

 

Pastor Jeff Daly

Jesus Christ Fellowship

Post Office Box 1302

Middletown CA  95461

www.dayofrepentance.org