By Gary DeMar
Chris Cuomo, a Democrat operative working for the once-news channel CNN, interviewed Alabama Chief Justice Roy Moore on the same-sex marriage battle.
Moore, as the chief law officer of the state, who took an oath to uphold Alabama’s constitution, intervened in a single judge’s decision that same-sex marriage is constitutional.
By a 7-2 decision, the Supreme Court ruled that same-sex marriages can go forward in Alabama. Roy Moore has not followed the court’s decision arguing that the judge lacks jurisdiction in the matter and the Tenth Amendment applies since our national Constitution does not address the issue of marriage.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
As a result, liberals are claiming that Moore’s action is similar to Alabama’s segregation laws. Cuomo could only yell back at Moore that prohibiting same-sex marriage is “discrimination.” Polygamists, transgenders, supporters of NAMBLA, and those engaged in bestiality could say the same thing.
What about the bakers who are about to lose their business because they would not bake a cake for a same-sex couple? What about their rights? Aren’t they being discriminated against?
Here’s the difference: the same-sex marriage prohibition applies to everybody – black and white, female and male. In 2006, the Alabama Sanctity of Marriage Amendment to the state’s constitution, made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 81% of the voters, voted on by blacks and whites, men and women.
There is no third class of people who self-identify as “homosexual” any more than there is a fourth class of people who self-identify as “man-boy lovers” (NAMBLA) or “transgender.” These are social constructs that have no basis in biology, reason, morality, or law.
A person who has sex with someone of the same sex does not make that person new sex. Their sexual equipment doesn’t change. Their DNA doesn’t change.
Chris Cuomo, in a rare display of honesty, demonstrated what this battle is really all about:
Our rights do not come from God, your honor, and you know that. They come from man… That’s your faith, that’s my faith, but that’s not our country. Our laws come from collective agreement and compromise.”
If our rights come from man – from “collective agreement and compromise” – then the prohibition against same-sex marriage in Alabama should be upheld since man (Moore and his fellow judges) and 81 percent of the voting public said so. You can’t have much more of a “collective agreement” than that!
But since the vote went the wrong way for people like Cuomo whose brother, the governor of New York, is living with a woman who is not his wife, he must defend a redefined view of marriage. Sandra Lee is listed as Gov. Andrew Cuomo’s “domestic partner.”
Chris Cuomo has a few problems to contend with. The first is historical. The Declaration of Independence states in unequivocal terms that our rights are an endowment – a gift – from God:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. . . .
Second, the laws that come from collective agreement and compromise most often come from the people holding political power. Governments are put in power by the people “to secure these rights,” not to create new fundamental rights out of thin air and abolish certain God-given “inalienable rights.”
You can’t have marriage without God. There is no marriage in a godless evolutionary world. If you’re going to have marriage, then it must be God-ordained marriage. For liberals like Cuomo, God is only good for some things.
Third, at the time the Declaration of Independence was drafted, there was no “right” to same-sex marriage. Saying that such a right exists today does not make it a right. It can only become a right if a man-made collective says it’s a right. But if that’s the case, then the operating body that is in power can make anything a right as well as declare that past rights are no longer rights.
Fourth, any tyrant would applaud Chris Cuomo’s claim that our rights come from man. “See, we told you so,” Stalin, Hitler, and Mao would say. “Rights are man-made, and we can establish for whomever we please and take away rights from people who don’t agree with us. Three cheers for Chris Cuomo!”
Cuomo would most likely answer that the Declaration and Constitution are outdated governing documents, although such chronological snobbery didn’t stop him from citing the Fifth Amendment.
Cuomo’s “man-made rights” argument is unhistorical and dangerous. The modern doctrine of rights answers to no one but man. Someone like Martin Luther King, Jr., of course, would have disagreed. If our rights don’t come from God, then we are doomed.