Justice Is Swerved


 If “fair and balanced” is too much to ask for, how about “honest and factual?” The mainstream press hasn’t seemed interested in either since last Wednesday when the U.S. Supreme Court handed down its pair of rulings on marriage.Lawlessness

Thanks to a new Pew Research study, we know that media bias isn’t a figment of our imagination — especially when it comes to marriage. And for the past five days, the major outlets have set out to prove Pew right with embarrassing coverage and half-truths that only tell part of the story. Even former solicitor general Ted Olson, who joined CBS’s “Face the Nation” on the same segment as I did, tried to paint the Proposition 8 case — which the Court dismissed — as a victory of historic proportions.

The reality is, five justices did not, as Ted Olson implied, redefine marriage in all 50 states. Even in California, where same-sex couples raced to the altar before the ink was even dry on Wednesday’s opinions, the Supreme Court simply punted the issue back to the states. In the meantime, the media seems intent on creating the appearance that both rulings were far more sweeping than the justices intended.

While headlines try to feed this notion that same-sex “marriage” is inevitable, the real stories are slipping through the cracks. In California, for instance, the Ninth Circuit Court created plenty of legal pandemonium when it agreed to lift its stay of Proposition 8 prematurely. Instead of waiting for the Supreme Court’s formal judgment to take effect (a process that usually takes 25 days), the judges for the Ninth Circuit ignored the law and gave the green light for state officials to start licensing same-sex “weddings” — without ever having the authority to do so!

As FRC’s Ken Klukowski pointed out, “Despite the Ninth Circuit having been explicitly informed by the Supreme Court that the higher court had not yet issued its order, and that at least 25 days would pass before such an order would be received, and all lawyers on both sides of the case were likewise informed, the Ninth Circuit dissolved its stay… striking down Prop 8, and gay ‘marriage’ began literally within minutes.” In other words, the Ninth Circuit Court stopped the enforcement of Proposition 8 before the Supreme Court waiting period was up!

ProtectMarriage.com, the organization that sued on behalf of the 7,000,000 Californians who voted for the marriage amendment, was stunned. “People on both sides of this debate should at least agree that the courts must follow their own rules,” said Andy Pugno, the group’s chief counsel. John Eastman, a renowned legal scholar and professor at Chapman University, was equally frustrated. “It’s part and parcel of the utter lawlessness in which this whole case has been prosecuted. Normally, courts let the parties kind of pursue their legal remedies before they issue a mandate,”he said. “[A]nyone who is concerned about the rule of law ought to be deeply troubled by what happened here.” Yet the media, instead of reporting this outrage, acts as if the amendment is null and void — ignoring the fact that the Ninth Circuit Court acted illegally to impose same-sex “marriage” on the state.

While the two sides try to sort through the chaos these judges created, the people of California will have to turn their attention to protecting the millions of people who object to homosexual “marriage.” There, people are about to experience (if they haven’t already) the profound loss of liberty that accompanies this march down the same-sex “wedding” aisle. Yesterday, “Face the Nation” host Bob Schieffer — like so many Americans – was surprised to hear that business owners (and wedding vendors in particular) are being persecuted, and in some cases prosecuted, for refusing to participate in a same-sex “marriage” ceremony. (Video below.) “I must say this is under my radar,” Bob told me. “I haven’t — I haven’t heard this.” And he’s not alone.

The media isn’t covering the stories of these victims — not because they don’t exist — but because liberals recognize their potential to swing the debate. The Left’s totalitarian tactics continue to trump the First Amendment rights of wedding vendors and others who were fired, sued, harassed, fined, and suspended for their beliefs. Don’t believe us? Read the stories for yourself: