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Same-Sex Marriage: The "Living" Constitution's Epitaph
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Lessons in Liberty is a series of lectures and courses sponsored by The Foundation for American Christian Education (FACE) to help citizens better understand the source of liberty in our American Christian Constitutional Republic. The speakers are authoritative and the lectures topical. Join like-minded patriots who love God’s Word, and together, master the “lessons of liberty” so you can be used of God to help bring every aspect of culture “captive to the obedience of Christ.”

Dr. Herb Titus
Same-Sex Marriage:
The “Living” Constitution’s Epitaph

Thursday, September 17, 2015
(Original presentation date)

On June 26, 2015, in Obergefell v. Hodges the United States Supreme Court wrote the epitaph to the idea of a “living” Constitution. In disregard of the actual words of the Constitution, and writing for the barest majority of five justices, Justice Anthony Kennedy amended the Constitution to make way for “new insights – where new dimensions of freedom become apparent to new generations.” Having placed the Constitution into their evolving hands, the Court majority transformed the Constitution to reflect its 21st century atheistic and existential view of “liberty,” instead of conforming it to reflect the America’s founding generation’s 18th century understanding of “liberty” as an unalienable right endowed by God.

According to those who read the Constitution as a “living” document to be adapted to changing times, the written Constitution is not to be read as a set of timeless and paramount principles fixed by the People to secure the blessings of liberty to their posterity. Yet, in the words of the great Chief Justice John Marshall, unless its written principles are “permanent,” the Constitution would be “reduced to nothing.”

In its haste to constitutionally sanctify same-sex marriage, the Court purported to honor the spirit of the current generation to keep the constitution abreast of changing times. What actually happened on June 26, 2015, the Court buried the Constitution six feet underground.

Herbert W. Titus is the counsel to the law firm of William J. Olson, P.C. Prior to his association with this firm, Dr. Titus taught constitutional law, common law, and other subjects for nearly thirty years at five different American Bar Association approved law schools, closing out his academic career as the founding dean of the Law School at Regent University. In addition to many other publications, Dr. Titus is the author of God, Man and Law, the Biblical Principles an acclaimed textbook on American common law.

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