Twelve years later, that same Justice effectively abolished the uniqueness of marriage as between one man and one woman by redefining the word in the Obergefell decision. He ignored the constitutional limitations of the Court, violated the separation of powers, disregarded the will of the people, ignored the cross cultural witness of human history, rejected the Natural Moral Law, ignored judicial precedent and failed to consider the common good.
The Court used the phrase "equal protection" to attempt to cover an abuse of power and unleashed unequal protection for anyone who disagrees with the new judicial aristocracy. In a dissent, Chief Justice Roberts referred to the majority as "five lawyers", noting that "the majority's decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court's precedent." So much for the Rule of Law.
Time to Rescue the Rule of Law
The separation of powers doctrine by which governance of the United States was supposed to be vested in three co-equal branches, the executive, legislative and judicial, was meant to prevent the concentration of power in one branch. It was also intended to provide a system of checks and balances. The idea was a noble one. The legislative branch would enact the laws and appropriate the money needed. The executive branch would implement the public policy. The judicial branch would interpret the constitution and laws when presented with a case or controversy. How far we have fallen.
The entire notion of the existence of a Rule of Law was grounded in the founder's reliance upon what the Declaration referred to as "the laws of nature and natures God". They admitted the existence of a higher law than the civil law. Instead, law has now become what the judicial aristocracy says it is. If we doubt this, we have only to look at the treatment of that clerk in Kentucky who, because of her deeply held religious beliefs, was thrown into jail. She still faces the threat of a loss of her liberty when all she seeks is religious accommodation as guaranteed by the First Amendment to the Bill of Rights of the US Constitution.
If we had the ear of the founders today, would anyone argue that they would have viewed marriage and family as expendable, capable of being redefined by judicial fiat? The two parent, man/woman, marriage bound family was viewed as the first government, first school, first economy, first church, and first mediating institution. Yet, we walk under the ominous cloud of a counterfeit of marriage and family forced upon us all by a new judicial aristocracy. It is time to rescue the Rule of Law.