Staver: Justices don’t always follow constitutional principles

Monday, December 10, 2012
Chris Woodward,Charlie Butts (

A Christian attorney intimately familiar with the legal cases involving "gay marriage" warns that legal technicalities could play a major factor in how the Supreme Court decides those cases. And a respected Christian commentator offers her take what could follow a ruling favoring same-sex unions.

Several pro-family groups have voiced their approval that the U.S. Supreme court decided to hear cases involving homosexual "marriage." On Friday the high court announced it will hear legal arguments regarding Proposition 8, the voter-approved California constitutional amendment defining marriage as the union of one man and one woman; and the Defense of Marriage Act (DOMA), which denied benefits to partners of homosexual federal employees.

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Mat Staver of Liberty Counsel, however, is concerned that the court could kick the cases out on technicalities.

Staver, Mat (Liberty Counsel)"Because in both cases they also asked the issue of standing to be addressed," he explains during an interview with OneNewsNow. "[They asked] whether or not the backers of Prop. 8 have standing, and whether or not the legislative branch can actually bring up this case and defend it in the DOMA case."

Staver acknowledges that the public wants a decision -- but suggests they want the right decision.

"We want the right decision to say that the Constitution no way, and no conceivable way, sanctions same-sex marriage. I think that's the way the Constitution is," he argues.

"There's just absolutely no way [the Constitution] allows for same-sex marriage or requires same-sex marriage -- that's the correct ruling. But we're dealing here with the United State Supreme Court, and justices don't always follow the constitutional principles."

Arguments will likely be in March, and a decision announced by June.

So ... what if court sides with 'gay marriage'?

Author and radio personality Janet Parshall, who appeared American Family Radio's "Today's Issues" Monday, weighed in on the Supreme Court's decision to hear two cases involving "gay marriage."

"When we heard on Friday that the Supreme Court was going to take up, not one, but two cases dealing with the subject of gay marriage, I had so many feelings that roared through my head," she shared. "[My first thought was] Thank you, Lord, for a platform! I think one of our responsibilities as Christian communicators is to equip the saints."


Parshall said people need to understand how rare it is when the Supreme Court takes up a case, not to mention two cases on the same issue.

"Honestly, I'm not pessimistic. I think that as a follower of Christ Jesus it's next to impossible to ever look at the glass as half-empty," stated Parshall. "But I do think by the same token, [because of] reading God's Word, we have to be optimistic realists. And in a very fragile high court situation like we have now -- I give you the healthcare decision [for example] -- who knows how this will come down?"

That said, Parshall offered her thoughts on what she sees happening should the high court rule in favor of same-sex marriage next year.

"If the U.S. Supreme Court suddenly decides that one particular sexual orientation gets protective civil rights, not unlike same-color as one skin, what that will mean in very short order is that ... every jot, every tittle from Genesis to Revelation, in very short order, we will be called the official discriminators in this country," she predicted.

Pastors who stand in the pulpits on Sunday mornings, she believes, will find themselves in the horns of dilemma. "They will either retreat out of fear or they will boldly proclaim [biblical truth], giving honor to a king rather than a government," stated the radio commentator.

And she believes some Bible-believing Christians -- bold pastors among them -- will probably lose their jobs for calling homosexuality a sin.

"You're going to see the Employment Non-Discrimination Act kick in," she stated. "There will be added language and enhancements on the hate-crimes legislation. The residuals on this are going to be unbelievable."

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