I know that headline won’t surprise anyone. In response to the Supreme Court’s judicial inactivism this week, Matt Barber went on Janet Mefferd’s show and argued that not only can the courts not change the laws on marriage, the states themselves can’t do it because God defined it and that settles it.
“This doesn’t even belong in the courts,” he told Mefferd. “Marriage is what marriage is, you can no more redefine marriage than you can suspend the laws of gravity. They can say they’re going to do it but it doesn’t alter reality, so the fact is this matter doesn’t belong in the courts. States don’t even have the right to redefine marriage, it’s like saying I want to redefine purple.”
This is what we call a category error. A legal statute is not at all like a physical law. A physical law cannot be changed, but a legal statute can. We change them all the time. The only time Barber makes this moronic claim is when he disagrees with the change. Oh, and he thinks governors should ignore the courts:
I’d love to see a Gov. Rick Perry or a Gov. Mary Fallin say to these federal courts of appeals: ‘Excuse me, get the heck out of Oklahoma, get out of Texas. We the people have voted, this is our state constitution, Baker v. Nelson is clear, the Supreme Court has already spoken on this issue, there is no constitutional right. Thank you for your opinion, but that’s all it is, it is an opinion, and we are going to go ahead and reject that opinion and we are going to go ahead and maintain our constitution and the natural, age-old, millennia-old definition of marriage as between man and woman, we are not going to get into this San Francisco-style social experimentation in Oklahoma and Texas, thank you very much.’ I would love to see somebody with the courage to do that.
Remember the last time a governor did that? His name was George Wallace and he was trying to stop little black children from getting a decent education. Barber’s wish is not so different from that.