URGENT ALERT: Bill to Codify Same-Sex Marriage on Federal level could also lead to polygamy | Eastern North Carolina Now

By Hunter Hines
Christian Action League
July 21, 2022

"There is something terrible happening in Washington right now," said Rev. Mark Creech, executive director of the Christian Action League. "Same-sex marriage was imposed upon our nation and state because of a rogue Supreme Court. For fear that the Obergefell v. Hodges decision might fall as Roe v. Wade has, a bill with traction is currently before Congress to codify same-sex marriage and even make a pathway for polygamy."

Rev. Creech was referencing a measure that passed the U.S. House of Representatives Tuesday - the deceptively titled "Respect for Marriage Act." 

The legislation would repeal the "Defense of Marriage Act" (DOMA), passed by Congress during the Clinton administration but overturned as unconstitutional by the Supreme Court before the Obergefell ruling. 

DOMA defined marriage as the union between one man and one woman, but the "Respect for Marriage Act" would repeal DOMA and enshrine into federal law the recognition of same-sex marriage in all fifty states.

Although same-sex marriage is already legal throughout the nation, its legality has always been based on a judicial injustice – judicial activism – justices of the Supreme Court legislating from the bench. 

Legislation is the responsibility of the people's representatives and not the courts. Until now, the people's representatives, the U.S. Congress, have never voted in favor of same-sex marriage. Technically, DOMA is still on the books. This is why the passage of the "Respect for Marriage Act" would be a massive setback in the fight to save marriage as God defined it and societies for millennia have recognized it.

The legislation passed in the House by a significant bipartisan margin, 267-157. Forty-seven Republicans voted for the bill. However, none of them were from North Carolina.

"I have always told my Christian friends they should beware of putting their hope alone in the Republican Party. Our hope is in God. I can say, with some authority, and because I am a Republican, our reliance on him must be unwavering even when politicians fail us. I don't know of a better example than when 47 Republicans forsake their own Party Platform, which says marriage is between one man and one woman and 'the foundation for a free society.' Moreover, when they abandon conservative evangelicals who make up a large part of their political base," said Rev. Creech, "how can we trust them fully?"

Democratic leadership in the House argued the bill was necessary because the Supreme Court had, in the Dobbs v. Jackson Women's Health Organization case, overturned Roe v. Wade and a constitutional right to abortion. They argued the conservative-leaning High Court is likely to overturn other cases, such as the same-sex marriage decision in Obergefell. They seized on Justice Clarence Thomas's concurrence opinion, which said the notion of "substantive due process" used to determine a so-called constitutional right to abortion was nothing other than "legal fiction." Therefore, other decisions made on the same basis, such as the Obergefell decision, should be reconsidered. Democratic leaders failed to acknowledge that Thomas also agreed with the majority opinion by Justice Samuel Alito, which says, "Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion."

A seriously pertinent question concerning this bill is whether it's only about same-sex marriage. 

According to an analysis from the North Carolina Values Coalition, the measure could have consequences far beyond same-sex marriage. They're calling it "A Pathway to Polygamy."

In an alert sent out on Thursday to their supporters, the NCVC said:

"According to the bill's summary:

"Specifically, the bill repeals and replaces provisions that define, for purposes of federal law, marriage as between a man and a woman and spouse as a person of the opposite sex with provisions that recognize any marriage that is valid under state law. It also prohibits the denial of full faith and credit or any right or claim relating to out-of-state marriages . . . [and] allows the Department of Justice to bring a civil action and establishes a private right of action for violations.'

"Under the bill, the federal government must acknowledge the legitimacy of ANY marriage validated by a state. The potential passage of a marriage law recognizing polygamy as valid in a liberal state like New York or California would have disastrous implications for North Carolina and, more importantly, the institution of marriage as a whole. The impact on tax and welfare provisions alone could be significant, and this says nothing of the threats to our religious liberty."

Alliance Defending Freedom, a national legal organization that advocates for religious freedom, the sanctity of human life, free speech, and marriage and family, in their analysis, say the same.

The future of the "Respect for Marriage Act" in the U.S. Senate is unknown. At least ten Republicans would need to vote for it to override the filibuster. However, if the bipartisan vote in the House indicates what could happen in the Senate, the unthinkable might happen, and the bill would pass.

Rev. Creech says he has concerns about North Carolina's U.S Senators, Richard Burr, and Thom Tillis. He says both should be contacted right away.

"In 2011, when the repeal of 'Don't Ask, Don't Tell' was up for consideration, I contacted Sen. Burr's office to urge him not to vote for the proposal. His staff assured me he would never vote for a bill to relax legal restrictions on service by gays and lesbians in the armed forces. But Burr broke his word and voted for repeal," said Rev. Creech. "What is even more unsettling is, according to the Charlotte Observer, Sen. Thom Tillis, has already signaled he will support 'The Respect for Marriage Act.' 

"Will North Carolina's two Republican U.S. Senators provide the necessary votes to pass this egregious legislation? God forbid."