The Loudoun County Republican Committee on August 25 adopted a substantially revised version of the proposed Resolution Concerning Lawrence v. Texas , which is now entitled Resolution in support of Constitutional Democracy and Traditional Marriage.
The same content has now been reframed as an issue of separation of powers, limitations on Due Process, and States rights, and some passages that were clearly personal value judgements and not matters of law have been excised or altered.
Resolution in Support of Constitutional Democracy and Traditional Marriage
Whereas, our forefathers fought and died to gain the right to govern themselves, and to make their own laws, rather than having them made by a distant and unaccountable authority; and
Whereas, the decision of the US Supreme Court in Lawrence v. Texas abrogates the laws of the Commonwealth of Virginia; and
Whereas, the designers of our Constitution, acting as duly elected representatives of their respective states, established a constitutional republic with three branches, the legislative to make the laws, the executive to enforce the laws, and the judiciary to interpret the law;
Whereas, the United State (sic) Supreme Court has the responsibility to interpret our Constitution and to exercise judicial restraint by respecting the clear intents and reasonable aims of the national, state and local legislatures; and
Whereas, for any of the three branches of our government to assume powers that properly belong to another branch undermines the structure of our government; and
Whereas, for the Supreme Court to exceed its proper bounds by claiming authority beyond the written provisions of the Constitution, and making or nullifying law based on its own opinions of the proper nature or appropriate direction of society, is an unlawful seizure of power that belongs by right and by law to the people, acting through their elected representatives; and
Whereas, the questions presented in Lawrence v. Texas are matters of current societal debate that are being addressed democratically through the state legislatures; and
Whereas, the Supreme Court formerly and correctly held in Bowers v. Hardwick that, There should be great resistance to expand the reach of the Due Process Clauses to cover new fundamental rights. Otherwise, the Judiciary necessarily would take upon itself further authority to govern the country without constitutional authority. The claimed right in this case falls far short of overcoming this resistance.
Whereas, the broad and sweeping language of the Lawrence v. Texas decision, and of its first decision derived from that precedent, Limon v. Kansas, strongly suggest that the Court intends in its future decisions to invalidate any laws which embody traditional norms of sexual behavior, or which distinguish amongst citizens on the basis of gender, thus judicially enacting many liberal social reforms which have failed at the ballot box or in the legislatures, such as the Equal Rights Amendment and measures enacting non-traditional marriage; and
Whereas, the legal traditions of free Western civilized societies have historically protected the institution of marriage as the union of man and woman, as recommended by the current proposal of a federal marriage amendment;
Whereas, the decision of the US Supreme Court in Lawrence v. Texas is inconsistent with the original and historical understanding of both the United States and Virginia Commonwealth Constitutions;
Whereas, the Loudoun County Republican Committee does not intend by this resolution to pass judgment on the Texas law in question in Lawrence v. Texas, but rather to show respect for the right of the people in Texas to govern themselves, and in so doing defend the right of the people of Virginia to decide for themselves what laws best express the values of their citizenry;
Therefore, be it resolved that the Loudoun County Republican Committee deplores the decision of the Supreme Court in Lawrence v. Texas and calls upon the Court to reverse this decision and return to the sound precedent of Bowers v. Hardwick at the earliest possible opportunity;
Further, be it resolved that the Loudoun County Republican Committee commends the well-reasoned dissent from this egregious decision by Justices Scalia, Rehnquist, and Thomas;
Further, be it resolved that the Loudoun County Republican Committee calls upon President George Bush, Senator John Warner, Senator George Allen, Congressman Frank Wolf, Senator Bill Mims, Senator Russell Potts, Delegate Joe May, and Delegate Dick Black, Delegate Bob Marshall, Delegate Tom Rust, Delegate Gary Reece, and all other elected officials and leaders of good conscience to quickly lead our nation and our state in the passage of a constitutional amendment protecting traditional marriage;
Now be it resolved that the Secretary of the Loudoun County Republican Committee is directed to disseminate this resolution to the United States Supreme Court, to the aforementioned elected officials, to the Chairman of the Republican Party of Virginia and to Republican Party unit chairpersons across the state of Virginia.
Note:This resolution was originally presented to the LCRC by Eve Marie Barner at the June 30, 2003 meeting. It was subsequently tabled and referred to the Issues Committee for review, consideration and revision. This edition has been revised and approved by the LCRC Issues Committee and is supported by Miss Barner as a friendly amendment to her original resolution.
At our August 25, 203 LCRC meeting, the Issues Committee will discuss its review and mark-up of this resolution and action of this resolution may be taken under the “Old Business”? portion of the Agenda.