Supreme Court Should Have No Jurisdiction on Gay Marriage

To the Editor:

Virtually every civilization which has ever collapsed has failed because society has somehow, in some way, forsaken traditional marriage and embraced homosexuality within the culture. In 1852, Joel P. Bishop wrote Marriage and Divorce, declaring that marriage was status not contract therefore it was subject to the state. Contract reduced itself to the will of the parties.

However, some aspects of marriage are vastly different from ordinary contracts. In the status distinction, marriage is taken out of the jurisdiction of the contracts clause in the Constitution. Marriage as status was ius gentium (something added to natural law) fundamental to civilization. And law.

The invention of marriage as status meant that marriage could be disestablished and universal, and was an institution that was public, not private, and therefore controlled by the will of the state, not by the parties, and marriages were identical.

The US Supreme Court has no business hearing the two cases involving gay marriage if marriages are outside the contracts clause in the Constitution. And if marriage isn’t, then it’s a state’s rights issue under the 10th Amendment, and as such, the Supreme Court still has no jurisdiction.

The question is, does the society still have a chance to escape God’s judgment? Or, do the three strikes, abortion, no-fault divorce, and gay marriage spell doom for the nation and Western culture?

Is America the great under imminent threat of God’s judgment for its heresy apathy and wanton sin? Perhaps we are long past due.

Rolla Rich, PhD, JD
Spring Valley