What’s Next In The National Marriage Battle

This is family policy matter program is produced by the North Carolina family policy Council family research and education organization dedicated to strengthening and preserving the family and here's John Rushton, president of the North Carolina family policy Council, thank you for joining us this week for family policy matters.

It is a pleasure to have Austin mimics with us on the show senior legal counsel and director of legal advocacy for marriage and family and alliance defending freedom or ADF is the head of ADF marriage litigation team in Washington DC. He is leading the effort to defend state marriage protection laws nationwide. Austin recently presented oral arguments before the US Court of Appeals for the Fourth Circuit in Bostic V. Schaefer, which is the case involving a legal challenge to Virginia's marriage laws. Austin also work with lawmakers in the Tar Heel state to help craft language for North Carolina's marriage protection amendment that was approved by 61% of North Carolina voters back in May 2012 I'm excited to announce also that Austin is the keynote speaker for the North Carolina family policy Council's major speakers dinner in Wilmington North Carolina on September 18. I know that many of our listeners will be interested in learning more about that and I will provide more information about that event at the end of the program often is with us today to talk about the ongoing battle over the definition of marriage in the United States including right here in North Carolina where we're facing for federal lawsuits challenging our marriage laws. Austin, thanks so much for joining us. It's a pleasure to be on with John well were delighted to have you and appreciate so much the great work that you and alliance defending freedom does across the nation, but it it it affects each of the individual state. So much so we really really appreciate you at last count there were over 70 lawsuits challenging the marriage laws of 30 states, including for lawsuits that have been filed in federal district courts in North Carolina alone. How would you describe often the current legal battle over marriage in the United States and why are activist using the courts. In this attempt to force the redefinition of marriage on the American public that the great question. And as you mentioned on your 61% of North Carolina's voters voted for marriage are voted to uphold the only definition of marriage, the Tar Heel state has ever had a known and that's really why same-sex marriage activists are going to the court, they are not able to convince the people in the normal political discourse doing that which Americans do another voting and debating issues that intentionally depriving kids of either mother or father is a good thing that they're not able to convince voters all across the country that marriage is not about the unique sex is that God created men and women but is instead simply about the emotional attachments of adults and so when you're not able to win. In that regard be. Then you go to Plan B in the Plan B is to try to get a handful of judges to overturn the will of tens of millions of Americans. And that's exactly why they are attacking in the courts of the way that they are well and we certainly see not here in North Carolina without a doubt I mentioned at the onset. Austin of your involvement in the Bostic V Schaefer case in Virginia and on July 28, the Fourth Circuit Court of Appeals ruled against Virginia's marriage amendment all of that ruling has been put on hold at least temporarily by the United States Supreme Court first tell us how ADF came to be involved in this case and how is it that ADF is really leaving the legal defense of Virginia's marriage law we came to be involved in defending Virginia's marriage laws because there was an election and Virginians elected an Atty. Gen. that unfortunately believes in same-sex marriage and decided to no longer defend Virginia's marriage law so Virginia's marriage laws went from having a robust defense from an Atty. Gen. who is willing to do his job to an Atty. Gen. who is not willing to defend the laws in his state and so a clerk. One of the many County clerks across the Commonwealth of Virginia, stood up and said I will defend Virginia's marriage laws and we were hired by the court to represent her and so now we are leading the defense for Virginia's marriage laws in the Commonwealth of Virginia and are happy to do so. I tell people all the time it if they think the better thing to have somebody defending marriage who believes in marriage and that have 1/2 throated defense of an Atty. Gen., he doesn't really believe in the institution. So that's how we became to be involved in. Of course, as you mentioned, the United States Supreme Court has put a halt to that decision about Virginia's marriage laws for the third time in the last several months at the Supreme Court has put a stop sign up to the efforts to redefine marriage they died twice in the two cases coming from Utah and now out of Virginia and there's a really good sign when the Supreme Court is stopping the federal judiciary saying you're you're overturning the will of the people were not sure this is the direction we want to go were very encouraged by that stop sign and were looking forward to one day arguing the case before the United Supreme Court again and having them affirm marriage and the right of citizens of North Carolina another state to affirm marriage as one man and one woman. Speaking of that stops Austin, the Supreme Court order on August 20 in the Bostic case put a temporary stay or hold on the Fourth Circuit's decision in the Virginia case tell us about the stay which ADF requested and what does it mean for the future of this case where I think the most important thing about this day is that in order to get a stay or are called a legal stop sign on a case, the court has to believe that you are likely to be successful in the end. And so we applied first day saying, hold on a second.

This redefinition of marriage we don't think is constitutionally required. He goes against the will of the people in the Supreme Court said okay working to put up a stop sign and to meet that standard, the Supreme Court has to believe that we are likely to be successful alternately before the United States Supreme Court that is a very encouraging sign, not just in draft for Virginia before all the states in the Fourth Circuit, which of course includes North Carolina, South Carolina, West Virginia, D states that still treasure. Marriage is the union of one man and one woman.

So truly significant to have that done it. Of course, the state could of been put up by just one justice but this day in Virginia in the stays in Utah were put up in the entire Supreme Court so that's an encouraging sign in like a set that's why we're going to take these this barracks battle to the US Supreme Court and look forward to having them uphold marriage one day. Well, in considering this day. Austin is my understanding that the what the Supreme Court said is we are going to put the Fourth Circuit decision on hold while we allow the opportunity for the defendants in the case out of Virginia to file a request with the Supreme Court review that decision then and consider taking this case tell us about the motion and why you believe the High Court should not only have issued the study but also should consider the Bostic opinion that came out of the Fourth Circuit course, there are a lot of Cases right now percolating throughout the country. As you mentioned into the cases have already been filed with the US Supreme Court cases out of Utah and Oklahoma and now the Virginia cases before the Supreme Court with the request for the Supreme Court to take up the case and hear the supreme court doesn't have to take a case I does it take the case as it wants to. So we now have three states, three cases with request and there certainly more that are coming but we feel very strongly that the Supreme Court should take one or or or multitude of these different cases to affirm once and for all that the citizens of the different states have the right to define marriage as one man and one woman. They have the right to treasure this institution that was created by God and then adopted by government. The citizens have the right to say that men and women are different and that's okay. The citizens have the right to say that mom's matter and dad's matter in the lives of our children and so we are asking the Supreme Court to do that whatever case they choose to take to do that through doesn't really matter but were hopeful that they will take at least one and then settle the issue once and for all that this debate belongs to Americans and not the courts well into looking a little bit closer to home.

Of course we mention fall under the jurisdiction of the Fourth Circuit, along with Virginia and several other states, but we are currently the target of four federal lawsuits that are seeking to overturn our state marriage laws including our marriage protection amendment prior to the Supreme Court issuing the stay.

Homosexual activist in North Carolina were predicting that the Fourth Circuit ruling would help or assist the plaintiffs in these cases overturn North Carolina marriage laws. The Supreme Court's stay of the Fourth Circuit decision and Bostic mean for our state in particular at this time in your opinion, you really need to know what the legal stop sign in place, same-sex marriage, actors are not able to take that Fourth Circuit ruling into the Tar Heel state as kind of a battering ram battering ram against the governor against the Atty. Gen. against the individual clerks of your various counties, and any other officials who were charged either with issuing marriage licenses or enforcing North Carolina's marriage laws enshrined in the Constitution, so it's a really big deal, and it saves the taxpayers tons of money from this legal turmoil really getting out of control across the Tar Heel state anymore than it already is. In these four lawsuits, and so it keeps North Carolina's definition one man one woman intact. For now, and that's a good thing and were were. Hopefully that will stay like that for a long time to come. As you look into your proverbial crystal ball how how soon do you think we can expect to hear back from the Supreme Court with respect to what they're going to do, whether they're gonna take up one of these cases and if they are going to take the Bostic case out of Virginia.

That's a great question. Of course I don't possess one of those wonderful crystal balls of fire. If I did I finally make a lot more money than else right, but I will say this, I believe that sometime during the year 2014. The Supreme Court is going to make a ruling determining which case or cases it is going to accept and so the proverbial table will be set with the Supreme Court will know the case or cases it's going to hear all know what point condos cases will be argued, presumably next year in 2015 and and when we might get a ruling so the timeline should unfold here a little bit this year so keep your keep your ears tuned in 2014 for a move by the Supreme Court on that Austin on a little bit more about a practical level for listeners you being one of the leading individuals defending marriage laws across our country, advice or encouragement would you offer to our listeners who are feeling defeated or discouraged by the mounting court challenges and rulings against state marriage protection laws and how important is it that we stay active and engaged and involved in the issue of merit. I think it's very important that we stay active, involved and engaged in the question is will and what do we stay active and involved in engagement. Sometimes it's a little easy to get overwhelmed by what's happening in the court and I think as Christians that require the greatest virtues we can have his perspective, Perspective on what is and what is not happening all of our focus is on what's happening in the courts that we really taken our eyes off God and it reminds me of the verse I was reading. Not long ago out of Isaiah 30 where the Lord says in repentance and rest is your salvation in quietness and trust is your strength and goes on to talk about how if you believe that your enemies. I will make your enemies faster that when trouble comes we shouldn't flee from our foes. We should flee to the Lord. We need to trust that God is in control and a God knows what's going on and that no ruling of the Supreme Court is going to obliterate or destroy marriage just like the Supreme Court could not settle the question of abortion in Roe against Wade, the Supreme Court will never redefine marriage for our entire country. You can never remove the essence in the truth that moms and dads are important and are necessary in the lives of our children. We just need to to to rest in that comfort that no matter what the Supreme Court does, it will never be able to suppress the truth that we serve a God that is greater than the Supreme Court, and ultimately the truth will be vindicated.

I think that's the greatest lesson we can take from all of this. Don't get overwhelmed by the courts. Let's not lose our perspective, let's flee to the Lord and not from our fellows. While that's a great word of encouragement as you have said we really need to turn to God and rest in the comfort that he is sovereign over all the takes place in our land, so that's a great word of encouragement and advice. Now Austin. Unfortunately, we are nearly out of time for this week.

Listeners go to learn more about the national marriage battle and to find out more about alliance defending freedom like you wanted to find more about ADF and what were doing to defend marriage religious liberty in the sainted human life. All you have to do is go to our website which is really easy. It's alliance defending freedom.org alliance defending freedom.org. Thank you so much for that John Wright will thank you, and before we go I want to mention as I did at the beginning of the program that Austin is our keynote speaker at the upcoming return on a family policy Council's dinner in Wilmington on September 18 and Austin will bring a wealth of information and just an incredibly first-person perspective on what is happening with marriage in our courts across this country and so I want to encourage our listeners to contact our office at 919-807-0800 again. That number is 919-807-0800 to learn more about the Wilmington dinner and how you can attend. So what we really look forward to seeing you then Austin and just want thank you so much for being with us on family policy matters and for your incredible work defending marriage at alliance defending freedom partnering with the North Carolina family policy Council is always a great pleasure of working with John, thank you so much. Got family policy matters is information and analysis, future North Carolina family policy Council join us weekly discussion on policy issues affecting the family. If you have questions or comments. Nine 197-0800 or visit our website family.org