What are Gay Rights?

By passing a majority opinion that married same-sex couples are entitled to federal benefits, the Supreme Court has once again stepped outside the realm of original intent in interpreting the Constitution. The Lesbian, Gay, Bisexual and Transgender (LGBT) community have always possessed the same rights as every citizen in the United States, hence there is no such thing as “gay rights”.

To this, LGBT advocates may ask, “Do LGBT people have marriage rights?” This question, however, is inaccurate, because marriage is not a right[1], it is an institution created by God and the social glue that weaves people into nations. So to answer a more accurate question, “Do LGBT people have the right to partake in marriage?” the answer is yes, as long as they marry someone of the opposite gender.

The confusion on this issue comes from the misguided idea that lifestyle choices engender their own set of special “rights”. If such were true, then not “all men are created equal” as the Declaration of Independence declares, because some would have more rights than others. Obviously, this concept goes blatantly against America’s organic law and is completely unconstitutional.

Many LGBT people may argue that their condition is not a lifestyle choice; instead they claim it is a part of who they naturally are as people. They may have a valid point, “For they exchanged the truth of God for a lie, and worshiped and served the creature rather than the Creator …For this reason God gave them over to degrading passions; for their women exchanged the natural function for that which is unnatural, and in the same way also the men abandoned the natural function of the woman and burned in their desire toward one another, men with men committing indecent acts and receiving in their own persons the due penalty of their error.”[2] Based on this passage, one can certainly make a valid argument that God has given them over to their “degrading passions” and it is now a part of who they are.

Although their point may be valid, their argument based upon it is not. Even with their degrading passions as part of their nature, they still have a choice to act on their passions or abstain from them.  People may think they are born with a desire to molest children, rape women, commit murder or have sexual relations with animals, but none of these inclinations justifies special rights to do what they may earnestly desire to do.

LGBT people would object that what they do is different from some of the examples, because it is between two consenting adults, but in saying so they forget who bestowed their rights and the legal foundation of rights in America.

“The Declaration of Independence defines the Creator as the origin of rights. Accordingly, the fact that rights come from the Creator is an indisputable established legal standard from the United States’ first founding document.” [3]

“Although the Constitution is “the supreme Law of the Land”, the Declaration of Independence is also legally binding, because the Constitution not only dated itself from “the Year of our Lord,” but also from “the Independence of America.” By doing this, the founders established two facts, “the supreme Law of the Land” is founded on and linked to the Declaration of Independence, which makes the Declaration a legal document, and that Christ is the Creator to which the Declaration of Independence referred.” [4]

Proof that Christ is the Creator referenced in the Declaration of Independence is found, among many other places, in the fact the framers of the Constitution dated its year from the birth of Christ, the framers of the Constitution identified Christ “as our Lord”, the overwhelming majority of the three million people living in America during the founding era where Protestant Christians, the Law of Nations and Common Law upon which the Declaration of Independence was based are themselves derived biblically, and the 1892 Holy Trinity v The United States Supreme Court case in which the court unanimously declared “the United States is a Christian nation” and then backed up their opinion with a logical argument based on a litany of indisputable historical facts.

Since Christ is the Creator, referenced in the Declaration of Independence, and the Bible is His word, it logically follows that the Bible is the foundation of the law upon which America was founded.[5] In attempting to understand our rights, everyone must look to the Bible and derive them from Christ’s word.

Unfortunately for LGBT people, instead of establishing “a right to same-sex marriage”, the Bible outright condemns homosexuality and other similar sexually immoral, impure and debauched behavior no less than seven times between the Old and New Testaments.[6] This leaves the LGBT community without a legal leg to stand on when it comes to their demand for equal “rights” if our Government and allegedly independent judiciary would uphold constitutional original intent as they took an oath to do.

There is a reason why it has taken two-hundred and twenty-four years for the Supreme Court to make a ruling that supports gay marriage; it is as if they have declared everything the founding culture stood for including the Constitution itself to be unconstitutional. They have not properly interpreted the “supreme Law of the Land,” what they have done is a sham and in stark defiance to the Constitution.

The government does not have the jurisdiction to create or define rights, because rights are endowed by our Creator as the Declaration of Independence states and cannot be bought, sold, or transferred. It is encouraging the court ruled that Proposition 8 was out of their jurisdiction, but their ruling rightly should have extended to all Federal Courts.

The Ninth Circuit Court of appeals overruled the popular will of the people of California in their Proposition 8 opinion. This was unlawful for two reasons, the case was not and is not in the Federal Court’s jurisdiction as the Supreme Court rightly ruled and their opinion goes against the fundamental principle of the Constitution. George Washington, America’s first President who also presided as President of the Constitutional Convention, described “the fundamental principle of our Constitution, which enjoins that the will of the majority shall prevail.”[7] The Ninth Circuit Court of appeals’ opinion unconstitutionally overruled the will of the majority in California.

The Constitution is not a living document, it is a legal document and must be interpreted according to the meaning of those who wrote and ratified it. Otherwise, anyone can make it say whatever it is they want it to say. Given the current Supreme Court’s method of constitutional interpretation all one needs to do to proclaim their position as “law” is stack enough justices with the “correct” mindset on the court and anything could become constitutional or unconstitutional by the vote of five to four. No one should agree with this, because it is arbitrary, and what is given can be just as easily taken away.

What the court has done is not upholding the “supreme Law of the Land” it is undermining it and every justice who voted that “legally” married same-sex couples are entitled to federal benefits should be impeached for breaking their oath of office.[8]


[1] American Founding Principles, The Origin of Rights,  August 27, 2012.

[2] Romans 1:25-27 (NASB)

[3] American Founding Principles, The Origin of Rights,  August 27, 2012.

[4] American Founding Principles, The Origin of Rights,  August 27, 2012.

[5] American Founding Principles, Is Religion the Foundation of Justice and Law?, September 3, 2012.

[6] Lev 18:22; 20:13; Rom 1:24-27; Gal 5:19; 1 Tim 1:10; 1 Cor 6:9-10; Rev 22:14-15

[7] Sixth Annual Address to Congress (19 Nov 1794), in John C. Fitzpatrick, ed., The Writings of George Washington, 39 vols., 34:29-30.

[8] American Founding Principles, Impeaching Supreme Court Justices, August 14, 2012.

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