Why Drew Brees Can’t Marry Sir Saint
©2014 Mike Church
Mandeville, LA – (With my apologies to Drew Brees, i do not mean any insinuation by the provacative title of this piece, sorry, Drew.)
Just when you thought the government was going to issue an edict to destroy all wedding cake decorations that did not feature Peter marrying Paul and Catherine marrying Margaret, federal judge Martin Feldman goes and makes people like me…well, gay! Yes, gay, as in, happy. Judge Feldman has made the startling claim that federal judges are not super-legislatures that get to nullify the legislative acts of every state in nearly every conceivable application.
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At issue was the 2012, Iowa “marriage” of Jon Robicheaux and Derek Pinton who live in Louisiana. The couple demanded that Louisiana’s 2004 Amendment to her constitution which states “Marriage in…Louisiana shall consist only of the union of one man and one woman” be struck down because the U.S. constitution’s miracle amendment number 14 says states cannot deny “due process.”
Of course, to do so would be to deny the due process of valid elections to the 78% of citizens who voted “yes” to that amendment. Judge Feldman, recognized this fact in his ruling.
“The State of Louisiana has a legitimate interest under a rational basis standard of review for addressing the meaning of marriage through the democratic process. For the reasons that follow, plaintiffs’ motion for summary judgment is DENIED and defendants’ motion for summary judgment is GRANTED.” – Judge Martin Feldman
He should have gone farther. Prior to 1870, the state of Louisiana had no “marriage law” because the act of marriage was governed by the rules of the Church. One Who Dat legal scholar, KATHERINE SHAW SPAHT, explains Louisiana’s 1870 marriage law.
“It never would have occurred to the lawmaker to prohibit the marriage of persons of the same sex since marriage, a natural institution by definition and by natural law, could only be contracted by persons of the opposite sex.50 That marriage could be contracted between persons of the same sex would constitute an oxymoron; therefore, there was simply no need to include any prohibition of such “marriage.” No other civilization which had recognized the institution of marriage had ever permitted the marriage of persons of the same sex.”
Feldman’s ruling draws a line in the rainbow colored sand, with man on man wedding cakes on one side and 2,000 years of Christian history, on the other.
Mike Church is a New Orleans native and a radio host appearing daily on the SiriusXM Patriot Channel. He is an author and editor of “Patrick Henry-American Statesman” and is the writer and director of 7 Docudramas on American history including “The Spirit of ‘76” and the recently released “Times That try Men’s Souls-Washington’s Crossing”.