Is Same-Sex Marriage Ruling Now in Jeopardy?

OLYMPUS DIGITAL CAMERAThe fate of the Supreme Court’s controversial ruling on same-sex marriage is in serious question as the country awaits the selection of new justices who may very well overturn the landmark case. LifeSiteNews is reporting on a WND Radio America interview with Mat Staver, chairman of Liberty Counsel, a nonprofit legal organization dedicated to defending faith and family. During the interview, Staver says that if President-elect Donald Trump appoints constitutional originalists like the late Antonin Scalia to the Supreme Court, the 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage, will likely be overturned.

This would come about if Trump nominates the kind of pro-life justices who embrace that position not for political reasons but because they know the Constitution has no basis for abortion. If so, then these new jurists jurist could not be considered an “activist judge.”

“If they’re not going to be activists on pro-life, then they’re not going to be activist on the issue of same-sex marriage because that’s even a further deviation from the Constitution beyond belief,” Staver said.

He went on to explain that if someone was selected to fill Scalia’s seat, the balance of the court would return to what it was with five conservative and four liberal justices.

“So we still have the same terrible decision on marriage. But it’s likely that one more, two more, three more possibilities will come open in the next four years. And all he [Trump] has to do is appoint another Scalia, another Justice Thomas, someone who will respect the Constitution and, therefore, guess what happens? 5-4, 6-3, depending on how many he appoints, the other way.”

same sex marriage symbolStaver continued, “Just give the opportunity to fill those seats with someone who respects the Constitution and this razor-thin 5-4 decision on same-sex marriage, I think, will be in the same trash bin of history that Dred Scott found itself to be in when people began to wake up and have some common sense.”

Staver is referring to the 1857 Dred Scott v. Sanford case in which the Court ruled 7-2 that blacks who were brought into the United States as slaves could not be U.S. citizens and therefore had no standing in court. The Dred Scott decision was overturned by the Civil Rights Act of 1866 and the 14th Amendment, giving black Americans full citizenship.

Brian Brown of the National Organization for Marriage would like to see the same thing happen to the Obergefell case already has a plan in place to help Trump overturn it.

In addition to working with President Trump to nominate justices who will overturn Obergefell, he also plans to work with the new president to reverse policies put in place by the Obama administration that seek to coerce other countries into accepting same-sex marriage as the basis for receiving US assistance and aid, a practice repeatedly condemned by Pope Francis as “ideological colonization.”

NOM also intends to work with the new president and Congress to pass the First Amendment Defense Act (FADA) which will prevent the federal government from taking action against people who believe in traditional marriage. Trump has already promised to sign the bill into law if Congress passes it.

“This is a bright and exciting time for NOM, and we are committed to taking full advantage of the opportunity we have,” wrote Brown.

Many legal experts believe that Obergefell could be overturned mostly because the decision was legally weak and “full of holes” that shrewd attorneys could very well exploit in a move to repeal.

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