September 14, 2004

Restoring Godly Lov(ing)?

Yesterday, a House Judiciary Subcommittee held a hearing on the Constitutional Restoration Act of 2004, which would restrict any federal court from "exercising jurisdiction over any matter in which relief is sought" from any level of government "by reason of that [government's] acknowledgment of God as the sovereign source of law, liberty, or government."

Notable witnesses for the hearing included Roy Moore, former chief justice of the Alabama Supreme Court, who made his name by refusing to remove a statue depicting the ten commandments from his court. This is a bill tailor-made for Moore, but has far-reaching ramifications well beyond allowing Chief Moore to keep a statue in his court.

Among a virtual cornucopia of other problems the bill would create, it would additionally vacate all rulings that supplanted a local entity's right to proclaim God as the sovereign source of law.

One case immediately comes to mind, which leads me to hope that all the bill's sponsors married within their race. In 1967, the U.S. Supreme Court reversed Loving v. Virginia, which not so lovingly invoked Almighty God as the basis for the denial of interracial marriage:
"Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races show that he did not intend for the races to mix." - Loving v. Virginia, 1958
Then again, I'm no lawyer.

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