Judicial Fiat…Again

Written By: Josh Kimbrell.

Dear Friends,

Last Wednesday, Judge Vaughn R. Walker, of the US District Court of Northern California, took his place as judge-turned-legislator when he ruled against California’s Proposition 8 amendment. In a 2008 ballot referendum, the people of California resoundingly passed Proposition 8, a state constitutional amendment defining marriage as a union of one man and one woman. Though the people of California sided with a thousand years of recorded human history, the hubris of one unelected judge has the capacity to drown-out the voice of the people.

If the lawsuit brought against Proposition 8, which led to Judge Vaughn’s ruling, is upheld by the U.S. Supreme Court, it would nullify 45 individual state marriage laws. Such a decision would have the same effect on state marriage laws that Roe v. Wade had on state abortion laws. Tony Perkins of the Family Research Council characterized it as “the Roe v. Wade of same-sex marriage.” Not only is Judge Vaughn’s ruling a blatant attack on the will of the people, and the institution of marriage, but an affront to the 10th amendment. Since when do states not retain the right to determine under what conditions they’ll issue marriage licenses? Defining marriage is not an issue delegated to the Federal Government, nor to the courts, by the Constitution; therefore, under the 10th amendment, the definition of marriage is a state issue.

Many folks on the left will try and attack me as being hypocritical, given my past support of a federal marriage amendment. Some folks have accused me of trying to have it both ways: opposing federal nullification of state laws, while supporting a federal marriage amendment. My position, however, is not inconsistent and is, in fact, necessitated by the activism of courts like that of Judge Walker. The great irony in the fight for traditional marriage is that a constitutional amendment, at the federal level, is the only way to ensure that unelected judges don’t attempt to nullify state laws. This should be a states’ rights issue; however, due to continued court decisions imposing a radical redefinition of marriage, state laws are insufficient.

Judge Walker’s striking of California’s citizen-approved marriage amendment proves that even strong laws, like the one we have here in South Carolina, are in danger. The California marriage amendment was an amendment to their state constitution, exactly like the one we passed here in the Palmetto State several years ago. The writing’s on the wall: if the United States Supreme Court upholds Judge Walker’s ruling, we’re looking at the Roe v. Wade of marriage. I’d encourage you all to take a look at www.senateconservatives.com and help Senator DeMint elect conservative Senators from states across the Nation. We’re going to need a strong Republican Congress, and a conservative Senate, to stand against the coming judicial tide. Marriage in America is on the line.

Joshua B. Kimbrell
President & Chairman
CEO Round Table of South Carolina


Josh Kimbrell is President & Chairman of CEO Round Table of South Carolina. CEO stands for “Christians Empowered & Organized.” Part of the mission of CEO Round Table is “to promote a way of life that embraces faith, family, and freedom.”