Instead of repeating and validating liberal talking points, (“The judge struck down the constitutional amendment.”…“The judge nixed the constitutional amendment.”…“The judge overturned the constitutional amendment.”…“Send $$$ to help us fight this outrageous ruling in court”…) our Christian and conservative pro-family, legal and religious leaders should in a unified voice instead make the following points:

Point#1: The past 3-decade strategy of electing more Republicans to appoint more “pro-life” and “pro-family” judges has been a total unmitigated failure.

• 60 % of federal judiciary (who gave us Roe, Lawrence, Goodridge) are GOP appointees including homosexual liberal activist San Francisco Judge Vaughn Walker who recently issued the totally unconstitutional and absurd opinion that limiting marriage to one man and one woman to be “unconstitutional” who was a Regan and Bush appointee.

• Not 1 single solitary U.S. Supreme Court Justice (including “conservative” and “pro-life” “strict constructionists” Alito, Scalia, Roberts, Thomas, Kennedy) has ever written or stated that babies in the womb are human persons who possess an inalienable right to life under the 5th and 14th Amendments of the U.S. Constitution. Not one! We don’t need “1 more judge to overturn Roe.” We need 5 more!

The vast majority of GOP appointed judges are secular humanistic legal positivists who believe that the law is what the judges say it is.

Point #2: Judges can’t “strike down” or “overturn” any law, statute or constitutional amendment. The judiciary may opine on individual cases before them but their rulings are merely binding (if in accordance with the plain language of the Constitution) on the parties involved in the lawsuit. But a judge’s opinion can’t, in any way, change, alter or overturn any individual law, statute or constitutional amendment. Judges possess “neither the power of the sword nor the purse.” (Federalist 78) All legislative powers belong to the sovereign people of California. The only way that a constitutional amendment may be changed is by the people or via their elected representatives. Prop 8 is the Supreme Law of the Land and cannot be “overturned” by judicial fiat.

Point #3: Judge Walker’s unconstitutional opinion that homosexuals possess a constitutional right to marry is totally absurd and anti-Constitutional. And Judge Walker should be impeached immediately for violating his oath to uphold and defend the constitution.

Point #4: It doesn’t matter how the 9th Circuit Court of Appeals rules in this case since Walker’s opinion is null and void since it is so obviously anti-Constitutional.

Point #5: If Governor Schwarzenegger (again) illegally authorizes changes to and issuance of marriage licenses to same-sex couples without a legally binding, accompanying, enabling statute, he should be impeached for violating his oath to uphold and defend the constitution by enforcing a judge’s unconstitutional court opinion as if it were actual law.

Point #6: Homosexual “marriage” can never be “legal” (even if passed by the voters or legislators) since any law contrary to God’s Natural Law is no law at all. (To quote Dr. Martin Luther King). We as Christians will never acknowledge the “legality” of homosexual “marriage” (or killing innocent children in the womb for that matter) regardless if a majority of voters or some black robed judge says it’s ok.

Point #7: Governors Romney, Schwarzenegger, and Culver all violated their sworn oaths by unilaterally, illegally and unconstitutionally authorizing alterations to and issuance of marriage licenses to homosexual couples (falsely claiming “the judges made them do it” and should all be removed from office (w/ exception of Romney who is already out of office but who many believe can still be charged with perjury) and the marriage licenses declared null and void in each of those states (Mass, CA and Iowa).

Peter and the other apostles replied: “We must obey God rather than men!” Acts 5:29

Post script: I originally neglected to make clear that not all conservative and Christian groups are guilty of perpetuating the toxic liberal lie that judges possess the authority to amend, alter and change laws and constitutions and the losing strategy of blindly electing more Republicans under the false hope that they will nomiate the “right” judges etc…There is at least one principled conservative organization who is the rare exception to the rule…America’s Independent Party. My sincere apologies for painting with too broad a brush.

Today homoexual activist liberal Bush appointee San Francisco Judge Walker announced that “gay marriages” may begin in California next week.

What is this guy the Emperor of California?

This is Groundhog Day all over again.

As I have written numerous times on this site, judges can’t make law!

Prop 8 which amended the California Constitution limiting marriage to one man-one woman can’t, according to the Supreme Law of California, the California Constitution, be “overturned,” “struck down” or “repealed” but by another constitutional amendment passed by the sovereign people of the state of California.

Furthermore, marriage licences can’t be altered in any way or issued to same sex couples without a binding, enabling, accompanying statute.

And the law has not changed and can’t no matter what sodomite judges in San Francisco say.

Once again, Governor Schwarzenegger is staying true to his father’s Nazi colors by promising to authorize the changes to and issuance of marriage licenses to same sex couples in direct violation of his oath to uphold the California Constitution and only enforce and administer the laws and statutes on the books in California (as opposed to a judge’s illegal and unconstitutional pronouncement).

And sadly enough, once again, our leading “Christian” and “conservative” leaders and organizations such as Focus on the Family, ACLJ, Pacific Justice, AFA, Liberty, ADF, FRC etc…, will cede the toxic liberal lie that courts can make law. None of these “watchdog” organizations and organizational leaders held Mitt Romney responsible when he unilaterally, illegally and unconstitutionally instituted same-sex “marriage” in Massachusetts. In fact many of them supported or endorsed him for president of the United States. And none of these groups held Governor Schwarzenegger responsible for pulling a Romney when he initially authorized the 20,000 plus marriage licenses to be illegally altered and issued to homosexual couples from California two years ago.

And sadly enough, all of these groups have complained about “judicial tyranny” and have sent out donation letters and e-mails begging for money to “fight this battle in court” instead of drawing attention to the obvious fact that the executive branch may never enforce a judges opinion in an individual matter before him and that, by doing just that, Schwarzenegger is violating his oath and the inalienable right of the sovereign people of California to govern themselves.

As the founder of the “conservative and Christian right” in America, Paul Weyrich wrote (which was ghost written by Oxford educated, John Haskins) shortly before he died a few years ago:

Lincoln acknowledged that court opinions are binding on the specific parties named and “entitled to very high respect and consideration (by) other departments of the government.” But like the Founding Fathers, he utterly rejected the claim that judges’ opinions are the law of the land:

“..if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased, to be their own rulers, having, to that extent, practically resigned their government, into the hands of that eminent tribunal.”

The sad reality is that we get “judicial tyranny” because we (Christians and conservatives) have allowed the judiciary to excercise constitutional legislative powers they don’t possess.

Our leading “conservative” and “Christian” organizations and leaders continue to score goals for the other team.

Today, homosexual activist San Francisco U.S. District Judge Vaughn Walker (George H.W. Bush appointee) issued an opinion that Prop 8, amended into law by California Voters in 2008, which defines marriage as limited to one man-one woman, is “unconstitutional.”

Here we go again.

Most headlines cite how Judge Walker “struck down” the so-called “gay marriage ban.”

For starters, judges can’t “strike down” any law whether it be a statute or constitutional amendment such as Prop 8. And it is a shame that so many “conservative” lawyers continue to parrot this toxic liberal lie. Judges may hear individual cases and rule on them as long as they have jurisdiction. But judges don’t possess any legislative authority. Period!

The judge did have subject matter jurisdiction to hear the case and issue a ruling. But a judge’s opinion isn’t law.

The only way the actual constitutional amendment, Prop 8,may be altered or overturned in any way is via another constitutional amendment, according to the California Constitution itself. Only the voters may revoke or overturn a constitutional amendment or initiative statute.

Thus, one man-one woman marriage is still the law of the land unless and until the voters amend the constitution to revoke it.

Schwarzennegger already pulled a “Mitt Romney” once by unilaterally, illegally and unconstitutionally authorizing changes to and issuance of marriage licenses without a binding, enabling, accompanying statute in direct violation of his constitutionally sworn oath to enforce the law (as opposed to unconstitutional court opinions).

For that every pro-family Christian legal organization in America should have called for The Gilie-Man’s impeachment. (Which none of them did since almost all of them from Liberty Council to the ACLJ to ADF believe the lie that judges actually can make law).

If Schwarzenegger again falsely claims that a judge’s utterly absurd opinion that a constitutional amendment is “unconstitutional,” which it OBVIOUSLY isn’t since the generally accepted definition of marriage has always been understood to be exclusive to one man-one woman, he should, without a doubt, be impeached for failing to enforce the law…which has still not changed and still limits marriage to one man-one woman in the state of California!

I am not surprised that this homosexual activist liberal Judge Walker issued this totally absurd unconstitutional opinion.

After all, that’s what activist liberal homosexual activist judges do.

And I predicted that this is exaclty what would happen in a post I wrote on Feb 14th of this year.

But sadder and more frustrating to me is that fact that our so-called “Christian” “conservative” “constitutionalist” lawyers, pro-family leaders, pundits and politicians will almost without exception cede and perpetuate the toxic liberal lie that the judge “struck down” the marriage amendment and that the only recourse is to fight it out in court instead of calling on Scwarzegger to uphold his oath and ignore the activist and totally unconstitutional ruling as is Scwarzenegger’s solemn duty as the chief law enforcement officer of the state of California.

The reason that liberal judges are able to “legislate from the bench” and “strike down laws” with impugnity is because “conservatives” have speciously conceded the lie that they possess the right to do so.

Is there not one single Christian conservative leader who will denounce this joke of a ruling as the legally null and void farce that it obviously is and demand that Governor Swarzenegger uphold his sworn oath and ignore it?

Obviously pro-homosexual, pro-abortion, “conservative” “Republican” Aaanald, will never uphold the Constitution (since we know liberals instinctively loathe the Supreme Law of the Land).

But wouldn’t it be nice if even one “rule of law conservative” at least attempted to demand that the rule of law actually be upheld instead of ceding imaginary powers the judiciary doesn’t possess?