Last week federal judge Jeffrey White ruled that the Defense of Marriage Act (DOMA) is unconstitutional because it violates the equal protection clause, representing a stinging rebuke to the House Republicans’ efforts to defend the law through the Bipartisan Legal Advisory Group (BLAG). The Religious Right once hailed BLAG as a savior of the anti-gay law, arguing that the only reason judges were chipping away at DOMA was because of the poor arguments of the Justice Department. But White found that DOMA doesn’t pass constitutional muster under either a heightened scrutiny measure or the less stringent rational basis test.
Notably, former President George W. Bush nominated Judge White and the Senate confirmed him in a voice vote.
But even though he was nominated by a Republican and was unanimously confirmed by the Senate without Republican opposition, Religious Right activists are now accusing him of being an activist judge.
Gordon Klingenschmitt urged people to pray that God will “defeat and overturn the bad ruling by activist U.S. Federal Judge Jeffrey S. White” and that Congress will impeach him:
Let us pray. Almighty God, we pray You defeat and overturn the bad ruling by activist U.S. Federal Judge Jeffrey S. White in San Francisco, who ruled America’s founding fathers embraced sodomy and protected homosexual ‘marriage’ somehow in the U.S. Constitution, and therefore he struck down the Defense of Marriage Act, a 1996 federal law signed by President Clinton, that defined marriage as only valid between one man and one woman. We pray Congress impeaches Judge White, from Proverbs 19:25, “Strike a scoffer and the naive may become shrewd.” In Jesus’ name, Amen.
Liberty Counsel chairman Mat Staver blamed the Obama administration for the ruling as part of their plan to “sabotage” marriage, and called the judge’s ruling “absolutely ridiculous”:
"This is another outrageous example of the Obama administration abandoning the defense of the Defense of Marriage Act, simply trying to sabotage marriage as the union of one man and one woman and pushing a radical homosexual agenda," Staver contends.
…
"I think that it's absolutely ridiculous to say that there's no rational or even debatable or logical reason for the Defense of Marriage Act, to say that you cannot have same-sex unions," Staver offers. "And in this particular case, the court did the wrong thing by ultimately finding that the Defense of Marriage Act as applied in this case was unconstitutional."
Andrea Lafferty of the Traditional Values Coalition said Obama is leading a “direct war on marriage”:
Given the Obama administration's direct war on marriage, whether through attacking military chaplains' rights of conscience or refusing to defend DOMA, it's pretty clear which side he is on. Obama can't afford to come out of the proverbial closet though... for fear of losing an election.
America's moral virtue runs pretty deep. Despite the best efforts of this liberal government to affect that, the heavy hand of the Obama administration is no match for the Judeo-Christian values that inform the consciences of millions.
...which is why Obama is attempting to impose upon our rights.
