2016 | Week of May 16 | #1151
I’ve talked about whim of man or rule of law before. The whim of man is dangerous because it subjects all citizens to the emotions and resulting actions of someone in authority. The rule of law, on the other hand, is based on an objective and fixed standard, appropriately and reliably restricts the emotions and actions of people in authority, which safeguards citizens.
America’s founding fathers wisely gave us a rule-of-law government based on the objective and fixed standard of the US Constitution, which prescribes and proscribes the limits and reach of the federal government and rests on “we the people.” The individual states very wisely eventually followed suit and also established rule-of-law, not whim-of-man, state-level governments, based on state constitutions.
Make no mistake, however. To work right, even the rule of law depends upon the character of the people elected and appointed to decision-making positions. Solomon tells us in Proverbs 29 when the righteous are in authority, the people rejoice, but when the wicked rule, the people mourn. That verse is about the character of those in authority—righteous character versus wicked character, whether they are ruling by whim of man or rule of law.
So consider what happened last Friday, May 13. On Friday morning, President Obama, through his administrative henchmen in the Departments of Justice and Education, issued an edict forcing all school districts in the country to allow biological males in the girls’ restrooms and locker rooms and vice versa. By doing so President Obama has trounced on the rule of law, but more importantly he has jeopardized the bodily privacy rights of all students and has made girls especially vulnerable in the very places they should feel the safest.
These departments want to redefine the meaning of the word “sex” in the federal Title IX program to include “gender identity,” but they have absolutely no authority whatsoever to do so. Both Congress and the courts have historically said this word means strictly biological “male” and “female.” This Congressionally created program comes with significant federal funding. School districts are being threatened with either bowing the knee to the bully or having this funding cut off.
This was an unmitigated, unconstitutional power grab in light of North Carolina standing up against the federal government on this very issue. It is blatant example of the whim-of-man governing—and reveals the character of those in authority.
Also on last Friday, the Milwaukee and Dane County Clerks of Court announced they are now issuing domestic partnership licenses to opposite-sex couples—in direct violation of state law.
In 2009, Governor Doyle and the state legislature enacted as a part of the state’s budget a statewide, same-sex-only domestic partnership registry that in many ways mimics marriage. State statutes clearly indicate this state-level domestic partnership must involve two persons who are “members of the same sex.” At no time in the intervening 7 years has the state legislature changed this law—and no court has issued any ruling regarding including heterosexuals in this domestic partnership registry.
As if the usurpation of power isn’t enough, there’s more at stake here. This registry was in retaliation against the marriage amendment. Proponents said it wasn’t ‘fair’ that same-sex couples couldn’t get benefits. The liberal progressives wrote and passed this law to try to erode marriage—and now liberals are trying to take it a step further with no legal authority, again using the ‘fair’ argument, saying based on last year’s Supreme Court ruling on marriage, domestic partnerships cannot be exclusively for same-sex couples. That’s not ‘fair.’ Clearly, making marriage utterly meaningless is their endgame. And clearly these arrogant county clerks will stop at nothing to get what they want—including ignoring the law. This is more whim-of-man governing. And once again the character of the officials is revealed.
As a result of these two situations, we are testing the character and resolve of other elected officials, including Wisconsin Attorney General Brad Schimel and school board members across the state. Will they just ignore this federal-level and county-level lawlessness or will they do something immediately to push back against these wrong and dangerous whim-of-man actions? Will we the people ultimately be rejoicing or mourning?
This is Julaine Appling for Wisconsin Family Council reminding you the prophet Hosea said, “My people are destroyed for lack of knowledge.”