Federal Judge Who Struck Down Marriage Law Confused Constitution and Declaration

While homosexual activists filed lawsuits against marriage laws in four states, last week two federal judges ruled against constitutional amendments.

Mat Staver of Liberty Counsel told OneNewsNow that two recent cases in Kentucky and Virginia, where judges ruled against state law, shows the “epitome of judicial activism.”

The federal judge in Kentucky struck down part of the constitutional marriage amendment while the Virginia judge ruled the amendment and another state law were unconstitutional.

“In one case the judge was appointed by George H.W. Bush and in the other case not surprisingly by President Barack Obama,” Staver explains, “but both cases illustrate a very strong judicial activism component.”

The federal judge in Kentucky struck down part of the constitutional marriage amendment while the Virginia judge ruled the amendment and another state law are unconstitutional.

The Liberty Counsel founder notes that in the legal ruling in Virginia, Judge Arenda Wright Allen stated that the Constitution guarantees that “all men are created equal” in the court’s argument to strike down traditional marriage.

“In fact, that’s not the Constitution,” Staver points out. “That’s the Declaration of Independence. What we have are judges who ignore and literally try to rewrite the Constitution.”

Breitbart.com also noticed the mistake, reporting also that the judge compared the homosexual case to Virginia’s court case that legalized interracial marriage. 

If judges were to read the Constitution independent of personal political or social bias, Staver says marriage cases would be easy to decide.

Staver notes that the Virginia judge also suggested current marriage laws “perpetuate prejudice and stigma and pain,” which he calls “absolutely ridiculous.”