A Very Odd Brief Filed in Marriage Cases

A brief has been filed in the Supreme Court marriage cases on behalf of a long list of Christian organizations and individuals, including the Billy Graham Evangelical Association and many more. Weirdly, they seem to think that the case is about free speech.

“We hope the Supreme Court will use this opportunity to affirm the Sixth Circuit and reaffirm the constitutional rights of all Americans to speak and act according to their beliefs,” he said.

The filing points out John the Baptist was executed for speaking against King Herod’s marriage to Herodias, Stephen the martyr was stoned to death when he refused to stop preaching about Jesus, and the apostle Paul and disciple Silas were in prison because they preached “customs unlawful for Romans to accept or practice.”

“For more than 2,000 years, individual Christians have refused to keep quiet about their sincere religious beliefs and have not flinched at speaking ‘truth in power,’” the brief says. “Same-sex marriage is not an exception to this historical rule. For two millennia, Christians have based their definition of marriage on the words of Jesus Christ, who incorporated by reference ancient words from the book of Genesis: ‘But from the beginning of creation, ‘God made them male and female.’ ‘Therefore a man shall leave his father and mother and hold fast to his wife, and the two shall become one flesh.’ So they are not longer two but one flesh.”

The brief further states that if Christians’ “sermons and swords clash with the views of politically powerful groups or even government orthodoxy on same-sex marriage, they will have no choice but to seek refuge in the First Amendment generally, and the Free Speech Clause specifically.”

“A decision from this court imposing same-sex marriage on the states would dramatically exacerbate this conflict between advocates of same-sex marriage and Christian ministers, teachers, and leaders, and would inevitably lead to untold violations of the latter’s First Amendment free speech rights.”

Did they file this brief with the Supreme Court of fantasy land? The case has precisely nothing to do with free speech. Christian ministers, teachers and leaders speak out against same-sex marriage every single day, millions and millions of times (for crying out loud, this very brief does that) and no one has been arrested for it. Pastors aren’t being frogmarched out of the pulpit for reading verses from Leviticus, despite the dystopic delusions about the coming anti-Christian purge.

It’s just such a stupid argument: “You should refuse to allow gay people to get married because we imagine in our heads that we’ll somehow be punished for speaking out against it.” They can’t be serious, can they? Well yes, they can. This is just total disconnection from reality and, frankly, it’s demagoguery.

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  • http://en.uncyclopedia.co/wiki/User:Modusoperandi Modusoperandi

    This is just total disconnection from reality and, frankly, it’s demagoguery.

    Exactly. {lengthy pause} But it’ll still be a 6-3 decision.

  • eric

    if Christians’ “sermons and swords clash with the views of politically powerful groups or even government orthodoxy on same-sex marriage, they will have no choice but to seek refuge in the First Amendment generally, and the Free Speech Clause specifically.”

    If Christian swords clash with government orthodoxy, then those Christians are going to jail. And if by “dramatically exacerbate” you mean you’re threatening to get violent, then maybe we will federalize the national guard on you. That seemed to work the last time bigots tried such a heckler’s veto.

  • Abby Normal

    The brief may have been sent to the Supreme Court. But the intended audience is their donors.

  • Deacon Duncan

    “We hope the Supreme Court will use this opportunity to affirm the Sixth Circuit and reaffirm the constitutional rights of all Americans to speak and act according to their beliefs,” he said.

    Sounds like a pretty ironclad argument in favor of marriage equality to me.

  • D. C. Sessions

    But it’ll still be a 6-3 decision.

    Either 6-3 in favor of SSM or 5-4 against. If we see the nothing but the numbers in the split, we’ll know the result.

  • cthulhusminion

    By being punished, they mean their bigotry will start having consequences, much like it did after Loving vs VA.

  • http://en.uncyclopedia.co/wiki/User:Modusoperandi Modusoperandi

    D. C. Sessions, it could go as high as 7-5, in overtime, for or against. Scalia gets tired after regulation play, and pulling him either works out really well or really poorly, depending on whether Thomas follows him off the ice.

  • Chiroptera

    Actually, I think all the briefs are kind of odd. The anti-equality briefs, for sure, but I think that the pro-equality briefs are also odd, at least in the sense that here, in 2015, the arguments still have to be made.

  • Scientismist

    That’s an interesting legal theory, that the court should rule against equal rights, so as to prevent “untold violations” of the rights of Christian ministers — not their right to speak from their pulpits (which nobody challenges), but to speak with no apparent contradiction to public law.

    So does the fact that Christian ministers also speak out against any influence of atheists in government mean that the court should declare Article VI, paragraph 3 of the Constitution to be unconstitutional? In the interests of the First-Amendment free speech rights of ministers? Since the “no religious test” clause supports the right of atheists to at least try to run for public office, and so exacerbates conflicts between atheists and Christian ministers?

  • kenn

    But it’ll still be a 6-3 decision.

    Yup. 6-3 in favor of the right to marry. Scalia, Alito and Thomas will write angry, spittle-flecked dissenting opinions that have nothing whatsoever to do with the law.

  • marcozandrini

    It’s a diversion and a backup when they lose the SSM case.

    Losers, the whole lot.

  • Martin Zeichner

    Do they not see that they are putting the courts in the position of judging the sincerity of their religious beliefs?

  • grumpyoldfart

    @ Abby Normal #3

    You got that right.

  • xuuths

    Let’s see what “jesus” says about this… Matthew 5:11 and 12

    Blessed are ye, when men shall revile you, and persecute you, and shall say all manner of evil against you falsely, for my sake. Rejoice, and be exceeding glad: for great is your reward in heaven: for so persecuted they the prophets which were before you.

    Hmmm… nothing about suing, having a hissy fit, or killing the revilers. “Suck it up” is a more modern translation.

  • dobby

    Things got even stranger

    WND EXCLUSIVE

    Supremes warned: ‘God’s judgment’ now looming

    In a stunningly blunt brief, a team of lawyers acting on behalf of a number of Christian and liberty-focused organizations has told the U.S. Supreme Court that to mandate same-sex marriage is to invite God’s judgment.

    Read more at http://www.wnd.com/2015/04/supremes-warned-gods-judgment-now-looming/#3gqy5ezUZqJBETuB.99

    http://www.wnd.com/2015/04/supremes-warned-gods-judgment-now-looming/

  • John Pieret

    Re dobby @15:

    From the brief:

    Should the Court require the States and the People to “ritualize” sodomite behavior52 by government issuance of a state marriage license, it could bring God’s judgment on the Nation. Holy Scripture attests that homosexual behavior and other sexual perversions violate the law of the land, and when the land is “defiled,” the people have been cast out of their homes. See Leviticus 18:22, 24-30. Although some would assert that these rules apply only to the theocracy of ancient Israel, the Apostle Peter rejects that view: “For if God … turning the cities of Sodom and Gomorrha into ashes condemned them with an overthrow, making them an ensample unto those that after should live ungodly.” 2 Peter 2:4-6. The continuing application of this Levitical prohibition is confirmed by the Book of Jude: “Even as Sodom and Gomorrha, and the cities about them in like manner, giving themselves over to fornication, and going after strange flesh, are set forth for an example, suffering the vengeance of eternal fire.” Jude 7 (emphasis added).

    Wow … just wow!

  • http://ahcuah.wordpress.com/ ahcuah

    And the brief was filed by neither Larry Klayman nor Mat Staver?

    Wow.

  • felidae

    The judge should respond with another quote from the Book of Matthew: “Judge not lest ye be judged, condemn not lest ye be condemned”

  • raven

    and the apostle Paul and disciple Silas were in prison because they preached “customs unlawful for Romans to accept or practice.”

    FFS, more lies from the xians. They can’t stop lying no matter what.

    Paul and Silas were thrown into prison by false accusation. They wrecked the property of some guys, a slave that could fortell the future.

    You can see how that would be a valuable piece of property. The Pentagon and Wall Street would kill each other over her.

    Acts 16

    16 Once when we were going to the place of prayer, we were met by a female slave who had a spirit by which she predicted the future. She earned a great deal of money for her owners by fortune-telling. 17 She followed Paul and the rest of us, shouting, “These men are servants of the Most High God, who are telling you the way to be saved.” 18 She kept this up for many days. Finally Paul became so annoyed that he turned around and said to the spirit, “In the name of Jesus Christ I command you to come out of her!” At that moment the spirit left her.

    19 When her owners realized that their hope of making money was gone, they seized Paul and Silas and dragged them into the marketplace to face the authorities. 20 They brought them before the magistrates and said, “These men are Jews, and are throwing our city into an uproar 21 by advocating customs unlawful for us Romans to accept or practice.”

  • raven

    The filing points out John the Baptist was executed for speaking against King Herod’s marriage to Herodias, Stephen the martyr was stoned to death when he refused to stop preaching about Jesus, and the apostle Paul and disciple Silas were in prison because they preached “customs unlawful for Romans to accept or practice.”

    There is a lot cuckoo about this brief.

    1. Who cares what is in their Big Book of Mythology aka the Rorschach Blot?

    2. This is mythology from a book known to be mostly fiction. Chances are none of this happened.

    The Paul and Silas story is pretty dubious when you think about it. These guys have a slave that can see into the future, admittedly a sure way to own half the world. So they let her run around lose for days, following two Jewish guys in a Pagan city. And this woman supposedly was possessed by a demon who said “These men are servants of the Most High God, who are telling you the way to be saved.” Since when do demons care if you are Saved or not?

  • eric

    a team of lawyers acting on behalf of a number of Christian and liberty-focused organizations has told the U.S. Supreme Court that to mandate same-sex marriage is to invite God’s judgment.

    Let me paraphrase that letter: “Dear SCOTUS. We are here to demonstrate unequivocally that state anti-SSM laws fail the purpose prong of the Lemon test.”

  • Crudely Wrott, lurching towards recrudescence

    So the true believers are afraid of murder. Well then, when have they been so threatened? Really. Is any group actually proposing such a thing?

    I thought not. Disingenuous hallucinations are disingenuous.