How the Claim to 'Homosexual Rights' Destroys the Logic of Liberty
By Alan Keyes
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Dear American Patriot,
The judicial malfeasance we are seeing today represents a careless but calculated promotion of an understanding of freedom that no longer respects the natural boundaries ordained by God.
You see, the demand for so-called homosexual "marriage" is but another way the elitist faction is attempting to transform America from a society based on unalienable God-endowed right to one based on government domination.
These elitist judges seek to provide a government-sanctioned, albeit illegitimate, license to reject the requirements of humanity – including its role of procreation and child-rearing!
That's because they disregard the fact that this sort of activism is something they are strictly forbidden to do by the Constitution!
THE PEOPLE ARE DESTROYED FOR LACK OF KNOWLEDGE
Only massive public outcry and proper defiance such as we are now seeing by godly people in Alabama can stop the wayward federal judiciary from achieving their subversive purpose.
But in its call for defiance, it is imperative the citizenry understand correctly what the Constitution says. Hence this important and essential letter.
For certain, there is no denying that implicit in the drive for the legalization of homosexual "marriage" is the legitimization of homosexual erotic relations – that the public declare that these are normal and right.
This is why the political campaign for legalization, and a coercive public relations effort, go hand-in-hand with the effort to stigmatize and forbid the public expression of religious convictions that declare homosexual activity disordered, sinful, and wrong.
Simply put, they are attempting to force the American people to either acquiesce in normalizing homosexuality, or refrain from disparaging sexual practices that contradict and subvert the natural human rights of the family.
Our valid claim of right makes it incumbent upon others to respect what is right. But when right becomes equated with license or arbitrary freedom, this leads to the absurd consequence that when one person chooses to do evil, others have no standing to intervene. You know as well as I, we do not have the right to do wrong!
THE SUICIDE OF SELF-GOVERNMENT
Their strategy seeks to legitimize evil in disregard of your rights. But it's much more. It is a blatant attempt to replace America's constitutional self-government with an elitist tyranny. It is a tyranny wherein the powerful rule without regard for right. They make justice a commodity which they discard – or redefine – when it suits their lust, greed, or ambition.
I'm writing you this letter because they must not succeed in dissolving the moral, legal, and institutional basis for just government. That is government aimed at securing the God-endowed unalienable rights of the people.
But it will take citizens like you, citizen leaders, citizen statesmen standing up now and saying, "We will not capitulate to their lies and coercion"!
There simply must be more champions like my friend, Alabama Supreme Court Justice Roy Moore, who is standing firm on constitutional principle. He is justly defiant against an illegal attempt by a federal judge to deny and disparage the antecedent unalienable rights retained by the people of Alabama.
This same will to resist such an abuse of the powers of government – power constitutionally reserved to the States, respectively, or to the people, is exactly what called the American people into existence as a nation!
If today that will of the people has failed, its failure will be the headstone that marks our republic's demise. Be advised, this tragic conclusion is the purpose of the whole "gay marriage" onslaught!
DEFIANCE IS YOUR DUTY, ACCORDING TO THE CONSTITUTION
Already, we are seeing capitulation to these evil encroachments upon our rights from those we least expect – supposed "conservatives" such as Russell Moore, President of the Southern Baptist Ethics and Religious Liberty Commission, and politicians like Jeb Bush and Scott Walker.
That's why it is so important the majority of citizens understand why and how we must legally and logically fight this deadly chicanery of the left.
Please understand, personal feelings by any federal judge provide no warrant of authority to interfere with the rightful exercise of sovereignty made by the people of any State in defining marriage.
But it is irrational to assume that the judges who have been the source of such abuses will now suddenly cease and desist. To stop their attacks, the Constitution provides for Congress to impeach and remove them when they violate their constitutional oath of office. Yet Republicans in Congress have failed to initiate such proceedings!
These rogue judges claim that the 14th Amendment, and the U.S. Supreme Court's supposed recognition of a so-called right of homosexuals to "marry," puts the people's exercise of their authority in conflict with the Supreme Law of the Land.
However, given the plain language of the Constitution, it is logically impossible for any federal judge or court – including the Supreme Court – to demonstrate by rational argument that this is so. In proof, consider the following:
Either there is some ground in the U.S. Constitution for the so-called right of homosexuals to "marry" – or there is not. If there is ground, then something enumerated within the U.S. Constitution has been construed to verify this so-called right.
But the people of the various States have exercised their rightful authority to define marriage since before the adoption of the U.S. Constitution, and the 10th Amendment plainly says they retained that rightful authority, which is nowhere to be found among the powers explicitly delegated to the U.S. government.
Thus, any authority the U.S. Judiciary purports to assert over the people of any State to define marriage within their jurisdiction must arise in the context of some constitutional power delegated to the U.S. government.
Hence, this power is being wrongfully applied to deny the authority over marriage by the people in any given State.
But the 9th Amendment of the U.S. Constitution unequivocally states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Consequently, even if the so-called right of homosexuals to "marry" can be found by some trick of the eye among those enumerated and entitled to constitutional protection, this may not be used to deny or disparage rights retained by the people.
The people of individual states had, at the time the Constitution was adopted, rightful authority over marriage within their jurisdiction.
The authority being rightful, it is therefore the people's sole right to exercise it. No right lurking in the shadows of some shrewdly constructed interpretation of the U.S. Constitution as a so-called "living" document may be construed to deny or disparage the right obviously retained by the people of the States during the centuries since the Constitution was adopted!
Such retained rights are therefore immune from denial or disparagement by the U.S. government or any of its branches.
Moreover, the language of the 14th amendment explicitly says that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
You see, the States are thereby forbidden to enforce as law any decision of any court (including the U.S. Supreme Court) that abridges the privilege (i.e., the proprietary right by law) to define marriage, which the people of the States retain pursuant to the language of the 9th Amendment.
By this simple reasoning (applying the basic logical rule known as the law of the excluded middle), no lower U.S. Court can have the authority to interfere with the retained right of the people of any State to define marriage for purposes of law.
For it is either found explicitly among the enumerated rights in the Constitution, or it is not.
As you can see, by direct observation we ascertain that the so-called right of homosexuals to "marry" is not found explicitly in the Constitution.
Therefore, if the right is not numbered among the rights the U.S. Constitution protects, its inclusion must be by construction upon some existing provision or provisions.
But the 9th Amendment clearly forbids any such construction if it denies or disparages rights retained by the people.
Logically, therefore, the U.S. Courts (including the Supreme Court) cannot deprive the people of a retained right in order to impose adherence to an enumerated right subsequently found, by sly construction, to be lying about in the shadows cast by that construction.
The only way to overcome this logical conundrum is by amending the U.S. Constitution so as to explicitly provide a basis for the federal government's authority to enforce this subsequently recognized right.
This was the logical reason why prudence dictated adoption of the 13th and 14th Amendments to the U.S. Constitution. Reasonable people concluded that without these provisions, the citizen rights of persons freed by the abolition of slavery would have been subject to continual challenge.
A JUST CAUSE FOR RESISTANCE!
Today, by abandoning America's historical respect for reason, the Left seeks to move us decisively from a government legitimized by the rational construction of just laws, to a government based simply upon the forceful imposition of prevailing opinion, however contrary to established, antecedent right, including the rights arising from the "laws of nature and of nature's God."
Some may pretend that such forceful imposition advances justice or compassion. But in fact it brings us closer to the day when Americans who thirst for justice will find no satisfaction except to seek it in the baneful prosecution of just war against those who deny and disparage their right to do what is right.
What government gives by law, government may lawfully take away. But that which God endows, no human government has given, or may lawfully take away. The violation of God-endowed right therefore justifies resistance against any government responsible for the violation.
It is just cause for war, casus belli – an occurrence which brings about a declaration of war – of the very sort America's founders cited in the Declaration of Independence, when they declared their withdrawal from the jurisdiction of British tyranny.
BOLD STEP OF ACTION TO TAKE NOW!
Thankfully, there are steps we must take prior to the point when our founding principles say we are forced to take up arms.
Pray to God we succeed, because otherwise dire will be the consequences.
First, since you know the truth, it is your responsibility to do everything in your power to educate others to the truth, and counter the lies of the media, many of our politicians, and most of the federal courts.
Time is short, and this must be a priority. You can act by copying this letter and giving it to everyone you know, with encouragement to read it. www.declarationproject.us/defiance provides a free download of this letter and also a free copy of my booklet, How the Claim to 'Homosexual Rights' Destroys the Logic of Liberty. Put it in the form of your own letter or email if you wish. Just make certain you send this clarion call to defend right action and defy tyranny to everyone you know!
Be sure to include your pastor, priest, teachers, children, and political officials. Send it to your State representatives, your Congressional representatives, your Governor, your Lieutenant Governor, your Attorney General, and the Chief Justice of your State Supreme Court. Attached to this letter, I am including addresses and phone numbers.
I am also including a postcard addressed to your State's Chief Justice you can send immediately. It sketches the reasons homosexual "marriage" is not properly under the jurisdiction of the federal courts, but it is difficult to explain the full context of the impact of the 9th Amendment to our just liberty, in the space of a postcard.
Also, call your local media. Write letters to the newspaper. If you use Facebook and other social media, get the word out there. Use blogs, online news forums, and any other means you can think of!
Next, please help me get the word out. Contributions to Declaration Alliance and Liberty Tree Alliance are not tax-deductible, but you can call 703-582-6890 to discuss charitable gift-giving options for educational materials helping this project.
My goal is to send this letter to at least 10 million other Americans, just like you, who will take up this mantle to spread the word and armor Americans with wisdom for spiritually and politically resisting the destruction of marriage. So please, be as generous as you can.
We know promoting so-called homosexual "marriage" will actually lead to calls for the abolition of legal marriage, since without the connection in principle with procreation there is no public justification for its existence.
And if force is used to impose homosexual "marriage," as we are seeing now, given the right of self-preservation requiring that we resist, civil society will give way to conflict and disunion – unless Americans in great numbers demand an end to judicial tyranny.
So lastly, pray with all diligence for America. Pray not only about God-ordained marriage, but for a spiritual revival and national repentance where our people and our government once again acknowledge that our unalienable rights do in fact come from God, as plainly emphasized in our founding creed, the Declaration of Independence.
Dr. Alan Keyes, Chairman
P.S. No humanly fabricated "right," including the practice of homosexuality, can be allowed to deny or disparage the unalienable right essential for the natural conception and perpetuation of humanity itself. Such denigration of antecedent unalienable right as we are now experiencing in America is not only unconstitutional, it explicitly contravenes the aim (to secure God-endowed rights) for which all just governments are instituted in the first place.
This is an attack on the people of the United States as grievous as that which led the first generation of Americans to declare their independence from Great Britain. If even an "irate, tireless minority" of Americans continue in their attachment to the unalienable right of liberty (as opposed to the licentious freedom that has, in some quarters, usurped that name), this attack is likely to produce the disintegration and dissolution of the United States – for like humanity itself, the United States is inconceivable apart from respect for God-endowed unalienable right. That is why it is so essential you take to heart each action I have asked of you in this letter. Now, before it may be too late!