Court overturns Puerto Rico judge’s protection of marriage

By Bob Unruh

gay marriage

Three judges on the U.S. Court of Appeals for the First Circuit have lashed out at a federal district judge who protected traditional marriage in Puerto Rico, overturning his ruling that the “same-sex marriage” mandate doesn’t apply to U.S. territories and returning the case to the court clerk to assign it to “another judge.”

“The district court’s ruling errs in so many respects that it is hard to know where to begin,” the appeals judges said of the decision by San Juan Judge Juan M. Perez-Gimenez, who ruled the U.S. Supreme Court “had settled the meaning of two clauses of the Fourteenth Amendment – the Due Process and Equal Protection Clauses – as they applied to same-sex marriages.”

But Perez-Gimenez declined to strike down the commonwealth’s law on marriage, arguing the U.S. Supreme Court’s 2015 opinion applies to states and not territories such as Puerto Rico.

A blog on Supreme Court issues explained the judge reasoned that in previous cases Puerto Rico had been treated as an “unincorporated territory” that is not under the authority of the 14th Amendment.

“Outlasting the Gay Revolution” spells out eight principles to help Americans with conservative moral values counter attacks on our freedoms of religion, speech and conscience by homosexual activists

WND previously reported the Puerto Rico judge’s ruling was just one of many rejections of the U.S. Supreme Court’s marriage decision.

The three appeals judges, Juan Torruella, William Kayatta and O. Rogeriee Thompson, unleashed a torrent of criticism.

They wrote, “The court issued a memorandum concluding that the Commonwealth’s ban was not unconstitutional because, the district court claimed, the ‘right to same-sex marriage’ has not been determined to apply in Puerto Rico.”

The judges said their “prior mandate was clear: Upon consideration of the parties’ joint response pursuant to court order filed June 26, 2015, we vacate the district court’s judgment in this case and remand the matter for further consider (sic) in light of the Obergefell (sic).”

“Respondents’ motion to join in the petition for writ of mandamus is granted, the petition itself is also granted, and the case is remitted to be assigned randomly by the clerk to a different judge to enter judgment in favor of the petitioners promptly, and to conduct any further proceedings necessary in this action.”

All three judges declined WND’s request to comment on the decision or explain how their ruling recognizes the religious rights of those who do not support “gay marriage.”

“Outlasting the Gay Revolution” spells out eight principles to help Americans with conservative moral values counter attacks on our freedoms of religion, speech and conscience by homosexual activists

Breitbart News described the Supreme Court’s action as “perhaps the most contested Supreme Court decision in U.S. history and one of the most egregious cases of radical judicial activism.”

The report said: “In an unprecedented show of disapproval, all four dissenting U.S. Supreme Court justices rendered independent dissenting opinions for the case, employing some of the fiercest rhetoric imaginable to register their disgust with the sloppy jurisprudence underlying the majority ruling.”

“In his 27-page dissent, Chief Justice John Roberts lamented the court’s usurpation of democratic process by legislating its own view of marriage. ‘Under the Constitution,’ he noted, ‘judges have power to say what the law is, not what it should be.’ The majority decision, he declared, is ‘indefensible as a matter of constitutional law.'”

WND also reported an endorsement by the American Family Association of Pennsylvania of an Alabama Supreme Court order that strongly affirmed its own rejection of the U.S. Supreme Court’s decision.

WND reported the ruling from Alabama’s Supreme Court criticized the U.S. Supreme Court’s creation of same-sex marriage as “lawless” and left undisturbed its 2015 determination that the state’s Sanctity of Marriage Amendment and Marriage Protection Act are constitutional and binding.

Alabama Chief Justice Roy Moore wrote in an order that his court “dismisses all pending motions and petitions and issues the certificate of judgment in this case.”

“That action does not disturb the existing March orders in this case or the court’s holding therein that the Sanctity of Marriage Amendment, art. I, § 36.03, Ala. Const. 1901, and the Alabama Marriage Protection Act, § 30-1-9, Ala. Code 1975, are constitutional. Therefore, and for the reasons stated below, I concur with the order.”

“Outlasting the Gay Revolution” spells out eight principles to help Americans with conservative moral values counter attacks on our freedoms of religion, speech and conscience by homosexual activists

Diane Gramley, president of the AFA of PA, noted that 81 percent of Alabama voters said they wanted natural marriage protected in their constitution, recognizing “the dangers posed by so-called same-sex marriage and took steps to protect the foundation block of a civilized society.”

“The U.S. Supreme Court had no jurisdiction to redefine marriage in either Alabama or the other states that had passed Marriage Protection Amendments or Defense of Marriage Acts, such as Pennsylvania. They overstepped their constitutional authority,” she said.

The organization pointed out that the U.S. Constitution and the Alabama Constitution provide that the legislature, not the courts, makes law.

She said the marriage decision “by five attorneys on the U.S. Supreme Court last June was illegitimate.”

“They had no constitutional authority to hand down that decision and, additionally, two of those five – [Ruth] Ginsburg and [Elena] Kagan – had officiated at same-sex ‘marriage’ ceremonies and should have recused themselves, but refused to,” Gramley said.

“The AFA of PA is in hopes other states will see the light and recognize the Supreme Court’s unlawful ruling for what it is.”

WND reported Ginsburg has performed same-sex ceremonies and made public statements in advocacy. Justice Elena Kagan also has performed same-sex weddings and promoted “gay” rights at Harvard’s law school while she was at its helm.

The Foundation for Moral Law asked the justices to excuse themselves from the case, but they refused to acknowledge the request. The foundation argued that Canon 3A(6) of the Code of Conduct for United States Judges provides: “A judge should not make public comment on the merits of a matter pending or impending in any court.” 28 U.S.C. sec 455(a) mandates that a justice “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

In his order, Chief Justice Roy Moore called the Obergefell decision completely without constitutional authority, a usurpation of state sovereignty and an effort to impose the will of “five lawyers,” as Chief Justice Roberts dubbed the majority, on the American people.

“Indeed, the Obergefell majority even presumes to override the Federal Rules of Civil Procedure, which limit the applicability of injunctions to parties, their agents, and those acting in concert with them,” he wrote in a scathing opinion attached to the order,” Moore said.

Moore wrote that the U.S. Supreme Court marriage ruling is “like Dred Scott and Roe v. Wade that preceded it, is an immoral, unconstitutional, and tyrannical opinion.”

‘Not a judgment’

Same-sex marriage was mandated in 2015 by the bare 5-4 U.S. Supreme Court majority of Anthony Kennedy, Ginsburg, Stephen Breyer, Sonia Sotomayor and Kagan. John Roberts, Clarence Thomas, Samuel Alito and the late Antonin Scalia opposed it.

Critics of the decision have pointed to a Wisconsin case over slavery as precedent.

In that historic case, the Wisconsin Supreme Court refused to follow the U.S. Supreme Court opinion in Dred Scott, which “said that blacks were not entitled to full protection as citizens.”

The U.S. Supreme Court overturned the Wisconsin court, but the state, in an “act of defiance,” never filed the mandates that required people to return fugitive slaves to their owners.

A justice writing for the Wisconsin said, “I believe most sincerely and solemnly that the last hope of free, representative and responsible government rests upon the state sovereignties and fidelity of state officers to their double allegiance, to the state and federal government; and so believe, I cannot hesitate in performing a clear, an indispensable duty.”

The court also declared the federal law unconstitutional.

The Wisconsin court said, “Here is a distinct recognition of the power and duty of state judges, not to be bound by all the acts of Congress, or by the judgments and decrees of the supreme federal court, or by their interpretation of the constitution and acts of congress, but by ‘this constitution’ ‘and the laws made in pursuance thereof.'”

Simply put, the Wisconsin court said a Supreme Court opinion that wasn’t founded in the Constitution was not a judgment.

Biblical and historic definition

Among the critics of the U.S. Supreme Court’s marriage decision is Rabbi Jonathan Cahn, author of the New York Times bestseller “The Harbinger” and the inspiration behind the “Isaiah 9:10 Judgment” movie, who challenged the Supreme Court’s assumption that it has the authority to redefine marriage.

At a prayer event in Washington, he said: “The justices of the Supreme Court took up their seats [in a hearing] on whether they should strike down the biblical and historic definition of marriage. That the event should even take place is a sign this is America of [George] Washington’s warning … a nation at war against its own foundation.”

Washington warned the smiles of heaven can never be expected on a nation “that disregards the eternal rules of order and right which heaven itself hath ordained.”

“Justices, can you judge the ways of God? There is another court and there is another judge, where all men and all judges will give account,” he warned.

“If a nation’s high court should pass judgment on the Almighty, should you then be surprised God will pass judgment on the court and that nation? We are doing that which Israel did on the altars of Baal,” he said.

See Jonathan’s Cahn’s message at Washington: Man of Prayer event at the Capitol.

[jwplayer rEEWATUi]

The United States Conference of Catholic Bishops called “same-sex marriage” an “intrinsic evil.”

And officials from several counties in Tennessee have adopted statements opposing the Supreme Court.

WND also reported when dozens of top legal scholars from the likes of Washington & Lee, Boston College, Kansas State, Notre Dame, University of Texas, Villanova, Vanderbilt, Hillsdale, University of Nebraska, Catholic University and Regent University issued a statement encouraging all state and federal officials to treat the Supreme Court’s recent creation of “same-sex marriage” as “anti-constitutional and illegitimate.”

“It cannot … be taken to have settled the law of the United States,” said the statement from the American Principles Project.

“We call on all federal and state officeholders: To refuse to accept Obergefell as binding precedent for all but the specific plaintiffs in that case. To recognize the authority of states to define marriage, and the right of federal and state officeholders to act in accordance with those definitions. To pledge full and mutual legal and political assistance to anyone who refuses to follow Obergefell for constitutionally protected reasons. To open forthwith a broad and honest conversation on the means by which Americans may constitutionally resist and overturn the judicial usurpations evidence in Obergefell.”

Leave a Comment