The Patriot Post® · Judge Jilts Virginia Voters on Marriage

On Valentine’s Day, Cupid wasn’t the one shooting an arrow through voters’ hearts – it was District Judge Arenda Wright Allen. Thursday, in a stunning, late-night ruling, Virginia became the latest state to fall in the burst of same-sex “marriage” challenges hitting states. While the rest of Old Dominion was digging out of another snow storm, Allen was plowing through the Commonwealth’s constitution, inventing a right to homosexual “marriage.”

For Virginians, whose distinguished history includes so many founding fathers, the decision was a mockery of the ideals our first leaders stood for. Unfortunately for the Commonwealth, Virginia is just the latest victim of a judicial free-for-all that’s attacking state amendments across Utah, Nevada, New Mexico, Oklahoma, and Kentucky. Unlike the Bluegrass ruling earlier last week, which forced Kentucky to recognize out-of-state “marriages,” Allen’s decision struck down the entire Virginia marriage amendment. That distinction makes Virginia the first southern state to see their constitution trampled.

Allen, who was appointed by President Obama in 2011, didn’t waste an opportunity to inject her personal politics into the 41-page opinion, insisting that the state had denied “Virginia’s gay and lesbian citizens the fundamental freedom to choose to marry.” Of course, as any student of the Constitution knows, there is no fundamental freedom to homosexual “marriage.” What there is a fundamental freedom to do is self-govern – a right this judge conveniently ignored when she substituted her own agenda for the judgment of the General Assembly and the majority of Virginia voters. In her rush to get her opinion out the door she apparently didn’t have time to brush up on her constitution, confusing statements from the Declaration of Independence with the Constitution.

While Allen insists America has “arrived upon another moment in history when We the People becomes more inclusive, and our freedom more perfect,” she neglects to mention that in Virginia, “we the people” had already spoken and 57% of voters supported natural marriage! That doesn’t matter to the President’s black-robed co-conspirators, who believe – as Allen does – that “Government interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this country’s cherished protections that ensure the exercise of the private choices of the individual citizen regarding love and family.”

In a gratuitous swipe at Virginia’s former Attorney General, Allen suggests that Ken Cuccinelli somehow discriminated against homosexuals by defending the state’s marriage law, alleging his “record alone gives rise to suspicions of prejudice sufficient to decline to the state on the matter.” While Virginians try to recover from this judicial slap in the face that too many voters are experiencing on marriage, the court did get one thing right: it stayed the ruling. At the prompting of disgraced Attorney General Mark Herring (who refuses to protect his state’s constitution), Allen did block couples from marrying right away, which will help Virginia avoid the kind of chaos that Utah is still experiencing.

While the courts are desperately trying to steal Congress’s job, Senators Ted Cruz (R-Texas) and Mike Lee (R-Utah) are ready to remind the bench who wears the legislative pants. The duo introduced the Senate version of Rep. Randy Weber’s (R-Texas) State Marriage Defense Act to give constitutional amendments like Virginia’s the protection they deserve. “How a state should define marriage should be left up to the citizens of each state,” said Sen. Lee. “It is clear the Obama administration finds the principles of federalism inconvenient in its effort to force states to redefine the institution of marriage. The State Marriage Defense Act provides an important protection for states, respecting the right to choose for themselves how each will treat the institution of marriage under the law.” As outrageous as this latest attack on states’ rights is, let’s hope it awakens America again – not just to the attack on marriage, but the attack on the rule of law by activist judges.

A Long Engagement for Indiana Marriage

Twenty sixteen will be a big year – not just for the presidential race, but for Indiana marriage. After last week’s vote, that’s the earliest Hoosiers will be able to vote on the issue. Despite a month-long battle, the state legislature abandoned its push to put marriage on the ballot this year by changing language that was fundamental to putting an amendment to a referendum in November. Under Indiana law, the legislature must approve the same measure in two consecutive sessions – and with both the House and Senate voting to strike the sentence on civil unions, the entire process was sent back to the starting line.

The last-minute change was a major disappointment to the supporters of natural marriage in Indiana along with the Indiana Family Institute, the American Family Association of Indiana and FRC, whose teams had canvassed the state legislature urging leaders to give the people a voice. As disappointed as we are, conservatives can celebrate the fact that both the House and Senate voted overwhelmingly to preserve the definition of marriage as the union of a man and a woman – even if the new language does reset the legislative clock.

And while Indianans wait to exercise their right to define marriage, there is one way that they can influence the debate now: holding the Republicans accountable who caved when it mattered most. In House District 22, Rebecca Kubacki campaigned as a “Catholic who will defend marriage” only to vote against the bill’s final passage. She was joined by House District 83’s Kathleen Heuer, who tried to kill the marriage amendment, House District 39’s Jerry Torr, and House District 48’s Kreig Battles. The only way politicians will get the message on marriage is if voters send them one.

American Boys Take Trail Life for a Trial Run

Last year, the Boy Scouts made the tragic decision to turn their back on more than 100 years of tradition and allow open homosexuals into their ranks. Now, the organization is facing the consequences. As FRC and others predicted, this reversal of the BSA’s longtime commitment to traditional moral values has led to a growing decline in Scout membership. By their own estimate, Scouting lost six percent – an estimated 160,000 boys and Scout leaders – of their membership in 2013. While we mourn the decline of a great American institution, we celebrate the launch of a new, unashamedly Christian outdoor leadership program for boys and young men, Trail Life USA. TLUSA started last month with between 500-600 troops nationwide and has already developed into a comprehensive service, skill training, character, and leadership ministry to America’s young boys. To find out about a TLUSA troop near you, or to start one in your community, go to TLUSA.com.

This is a publication of the Family Research Council. Mr. Perkins is president of FRC.