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This Is Not in the Constitution

Jul 28, 2022

In almost 250 years of our nation’s existence, only very recently have Americans been forced to give recognition to same-sex “marriages.”

This is a break with millennia of history and every recognized religion, and it happened in just the last seven years. Now, people of faith are being forced to honor what their faith and natural law says is wrong. This decision rested on the shoulders of just one man, Justice Anthony Kennedy.  

And that man is no longer at the U.S. Supreme Court, nor are Ruth Bader Ginsburg or Stephen Breyer.

Three of the five “lawyers” in the Obergefell v. Hodges decision are gone! Obergefell will fall just like Roe v. Wade—but even sooner! Why? Because same-sex marriage has no basis in the Constitution.

But, if HR 8404 passes in the Senate, this bill will do so much more damage than Obergefell. It will force EVERY “state, territory, and possession” (whatever that is) to recognize child brides out of California, marriages between two people who could already be married to someone else in Utah, and if incestuous marriages are ever legally recognized (like between a father and a son) in one state or “possession,” it will force every state to honor these too! The bill also never defines “possession.” Is it a military base or an embassy in a foreign country? No one knows.  

Shockingly, some Republicans in Congress are falling all over themselves to help pass HR 8404! Below, I will share Chief Justice John Roberts’ scathing dissent in Obergefell—which every member of Congress should read. The Senate vote will be very, very close, even though it shouldn’t be! Already, five Republican senators appear to have joined in this radical effort to destroy marriage.

We need your help to hold senators accountable and hold the line against this bill. Rush urgent faxes to the Senate against HR 8404. The Senate is our one and only chance to stop this bill. —Your Faith & Liberty team

In the 2015 Obergefell opinion of five “lawyers,” Chief Justice John Roberts issued a scathing dissent. It is the only time he read his dissent from the bench. He referred to the five as “lawyers,” not “Justices.” He said, “for those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening. … Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law” (emphasis added).

To the five, Roberts asked, “Just who do you think we are?” He said their opinion was “an act of will, not legal judgment.” And he said to those who might favor the result, “do not celebrate the Constitution. It had nothing to do with it.”

Roberts was clear. There is no constitutional right to same-sex “marriage.”

Justice Antonin Scalia was equally pointed against this ill-fated ruling: “Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court,” not the Constitution.

Scalia continued, “The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie” (emphasis added).

Well, three of the five “lawyers” are now gone. With the change in the Court, and the fact that same-sex marriage has no constitutional foundation, Obergefell is a house built on shifting sand. This shoddy house will fall. This bad decision is hanging by a little spider web, and the next case the Court takes on marriage could reverse it.

This one decision turned our world upside down! It has been used to attack freedom of religion and speech, and even jail people of faith for their convictions—like Kentucky clerk Kim Davis. Now we are on the edge of being able to restore our nation … but there are 15 senators who are on the fence right now, deciding which way they should vote. They desperately need to hear from you. Send your urgent faxes urging as many senators as possible to block this bill. Rush your urgent faxes to the Senate to block HR 8404.

Children do best when raised by a father and a mother.  

Marriage is at the core foundation and future of our nation. Only marriage between a man and a woman can be unitive, procreative and spiritual. It is the best way to raise future generations of strong families. The nation is only as good as its family units. God’s design for marriage and family should be encouraged, respected and honored.  

Our society cannot enjoy long-term stability without a proper understanding, respect for and adherence to God’s plan for the family. Science and sociality back up what people intuitively know. Children are disadvantaged in any other type of home. Mom and dad (male and female) are critically important to the well-being of children.

Yet, right now, Democrats and some Republicans are trying to strip marriage of its place of honor and give those same privileges to same-sex couples, child rapists, polygamists, and the list goes on.  

This is a Pandora’s Box. Rush your urgent faxes to every senator you can to block HR 8404.

There are an increasing number of battles against tyranny. This is one of many battles against the family. The abortion battle continues to rage, and budget plans spend money like there’s no end. 

But we wanted to share a victory with you. A leaked memo from the advisory council of the Department of Homeland Security now recommends the government’s “Disinformation Governance Board” be completely dissolved. After a massive outcry, the memo’s draft states, “we have concluded that there is no need for a Disinformation Governance Board.” This is a huge victory!

Support Faith & Liberty with your gift that will be DOUBLED in impact by a Challenge Grant. Please also consider making a recurring donation as you help us stand for life, freedom and family on Capitol Hill

Your missionaries to Washington, D.C.,

Peggy Nienaber, Vice President
Mat Staver, Chairman
Rev. Gregory S. Cox, Lead Missionary

P.S. Sign our petition to demand the Senate block HR 8404.


McClam, Erin. “Supreme Court Gay Marriage Ruling: The Highlights.” NBC News, June 26, 2015.  

Soergel, Andrew. “9 Need-to-Know Quotes from the Obergefell v. Hodges Opinions.” U.S. News & World Report, June 26, 2015.  

Vogue, Ariane de. “Roberts Issues Stern Dissent in Same-Sex Marriage Case | CNN Politics.” CNN, June 26, 2015.  

Wulfsohn, Joseph A. “DHS Advisory Council Recommends Scrapping ‘Disinformation Governance Board’ Following Public Outcry.” Fox News, July 19, 2022.