Judge Says Man’s Law Higher than God’s Law

Gary DeMar | July 16, 2014

Judges around the country have become a law unto themselves. There were five church-going judges in Alabama who ruled that sodomy marriages are constitutional. Their Christianity made no difference in their lives. I don’t know who to blame, the churches they attend who separate the Christian faith from politics (and nearly everything else) or the law schools they attended that do the same thing.

U.S. District Judge John G. Heyburn II ruled that a Kentucky law prohibiting same-sex marriages is unconstitutional. He based his argument on the 14th Amendment, an amendment that has nothing to do with same-sex anything.

Judge Heyburn claimed that the Constitution is the final authority on gay marriage even though the Constitution doesn’t say anything about marriage. The Constitution requires an outside source of law. That’s why you will not find prohibitions against murder, rape, theft, and other crimes. The founders understood that they were not the ultimate source of law, and judges weren’t either.

That’s why, in every state Constitution, you will find a reference to God or Providence as the source of our freedoms. For example, the preamble of Kentucky’s state constitution, written in 1891, states, “We, the people of the Commonwealth of Kentucky are grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution.”

Judge Heyburn declared in his ruling, “In America, even sincere and long-held religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.” He most likely took his oath of office with his hand on a Bible and stated, “So help me God.” Moreover, he’s begging the question by asserting what he must prove—that same-sex marriage is a constitutional right. The framers certainly didn’t think so in the 18th century, or in the 19th century when the 14th Amendment was drafted. 

What is the source of the marital relationship? It’s certainly not in the atheistic worldview of atheism. It’s a creational ordinance ordained by God. Even biology tells us that same-sexuality is irrational.

Kentucky Constitutional Amendment 1 of 2004, which was approved by 75% of voters, stated “Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky.” How could it be otherwise?

Don’t you find it strange that it’s OK for one judge to out-vote tens of thousands of voters? In doing so, Judge Heyburn has declared himself to be the ultimate source of law. Can he claim that he knows better than tens of thousands of voters on an issue that has logic and historical and legal precedent on its side?

By the way, since the Preamble to the Constitution begins with “We the people,” it seems that “we the people” should have a vote on some things that are true by definition.

We were warned that this day might come by Cecil B. DeMille (1881–1959), American film director and Academy Award-winning film producer in both silent and sound films. In the theater and DVD versions of the 1956 film The Ten Commandments, DeMille stepped on stage and said the following:

“Ladies and Gentlemen, young and old. This may seem an unusual procedure, speaking to you before the picture begins, but we have an unusual subject: the birth of freedom. The story of Moses.”

Those who watch The Ten Commandments on television don’t get to see DeMille make his speech.

DeMille considered the topic of freedom under God’s law to be the movie’s most important message. In his rare on-screen appearance, he explained his reason for re-making The Ten Commandments (he had made a silent version in 1923):

“The theme of this picture is whether men ought to be ruled by God’s laws or whether they are to be ruled by the whims of a dictator like Rameses. Are men the property of the State or are they free souls under God? This same battle continues throughout the world today.”

What is the source of law today? When you determine its source, that’s where you will find its god.

Dismissing God the Creator does not rid the world of god; it only means that another god has replaced Him. Judges like John G. Heyburn II have declared themselves to be our nation’s new gods. They are much more powerful than Rameses ever was.