“Here, sir, the people govern; here they act by their immediate representatives.”

Or do the people govern?!

It has always been my understanding that our nation is a Constitutional Republic with rulers chosen by the people to make laws.  Those people who make laws are called legislators.  Legislators are elected by voters.  Voters are citizens.

Federal judges are not elected by the people.  They are appointed by the president with approval by the U.S. Senate.  Federal judges are not elected and are not limited to a term.

In the past month federal judges in Idaho, Oregon and Pennsylvania have found their state’s marriage law “unconstitutional.”  These judges have chosen to become activists and instead of upholding the law, have begun to legislate from the bench.

Unless I was wrong?  Could appointed federal judges be the real legislators and I have been misinformed all these years?!

The past three weeks court after court has overturned state’s marriage amendments and laws.  In some states elected officials, and  attorneys general who are elected to be chief law enforcement in the states, have decided that the state’s laws on the books are not worth defending.

Judge uses personal hurts as part of reasoning behind his decision

Judge Michael McShane showed us that he should be removed from the bench and allowed to stay home where he can give his full attention to dealing with the hurts he carries from his childhood:

“Generations of Americans, my own included, were raised in a world in which homosexuality was believed to be a moral perversion, a mental disorder, or a mortal sin.  I remember that one of the more popular playground games of my childhood was called ‘smear the queer’ and it was played with great zeal and without a moment’s thought to political correctness.”

My advice to Judge McShane would be that he deal with his personal problems and not choose to force his lifestyle on others by revoking Oregon’s true marriage amendment!  What happens in the bedroom stays in the bedroom– there is no need to demand everyone else be forced to exalt homosexual marriage.

Judge McShane went on to suggest that same sex marriage should be “exalted” as if same sex couples, who are often better educated than heterosexual couples and earn more money, are somehow “below” those who have not chosen an alternative lifestyle.  Why does McShane suggest that homosexual marriage needs to be “exalted” somehow?!

I believe that if we can look for a moment past gender and sexuality, we can see in these plaintiffs nothing more or less than our own families. Families who we would expect our Constitution to protect, if not exalt, in equal measure. With discernment we see not shadows lurking in closets or the stereotypes of what was once believed; rather we see families committed to the common purpose of love, devotion, and service to the greater community.

Where will this all lead? I know that many suggest we are going down a slippery slope that will have no moral boundaries. To those who truly harbor such fears, I can only say this: Let us look less to the sky to see what might fall; rather, let us look to each other…and rise.

Looking back while moving on

It is very sad to see one of our nation’s judges in such a state– whoever appointed him failed to properly investigate and analyze the candidate for appointment.  I pity him.  Judge McShane needs help (and our prayers!).

But even more, it is sad to see how all of these rulings will negatively effect our nation.  As marriage is thrown aside and federal judges use hurts from their childhood to justify their decision and attack those who disagree with their opinion as conspiracy theorists (who say the sky is falling), the sad part is that these rulings will hurt our nation’s children and is paving the way for many more problems.

“Here, sir, the people govern; here they act by their immediate representatives.” – Alexander Hamilton

Do the people really rule?  Does the “silent majority” count?  They can if they get out and stand for their beliefs.  Sadly, many want to sit back and let somebody else do the unpleasant work, take the risks and stand for truth.  The people will only rule if they are informed and willing to do their part.

Sources: Judge Michael McShane writes unusually personal decision in Oregon gay marriage case