By Todd Beamon
Conservative radio talk-show host Rush Limbaugh said on Tuesday that the Supreme Court’s “nine exalted lawyers” should not validate gay marriage because it is against the will of the American people.
“The court could issue a narrow ruling that would create a right to gay marriage in California only, maybe a few other states, or it could announce a constitutional right to gay marriage everywhere,” Limbaugh said on his afternoon radio show. “Do you realize what the problem is with all of this? The problem is that, once again, nine exalted lawyers are determining something that has been a tradition since beginning of time. Nine exalted lawyers.
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“What really is going on here is the left is forcing their agenda on us,” Limbaugh added. “They don't care whether there are popular votes to support it or not. That doesn't matter. It's gonna be forced on us — however, whichever, whenever. It doesn't matter.”
The Supreme Court heard arguments on Tuesday on the constitutionality of California’s Proposition 8, which bans gay marriage.
California voters approved the measure in 2008, by a 52-to-47 percent vote, but it was overturned as unconstitutional by a federal district court judge in 2010 — and that ruling was upheld by the Ninth Circuit Court of Appeals in 2012.
In oral arguments on Tuesday, Associate Justice Anthony Kennedy — whom legal scholars say is the likely swing vote on the divided court — asked whether the justices should be hearing the case at all.
Limbaugh cited Twitter dispatches from courtroom observers indicating that Kennedy wanted the case dismissed.
If so, the Ninth Circuit’s ruling would stand, effectively legalizing gay marriage in California.
“Anthony Kennedy made it very plain that he doesn't want to rule on this at all and wants to dismiss the case,” Limbaugh said. “He twice asked whether the most prudent course for the court would be not to rule at all.
“He wants to dismiss the case. If he dismisses the case, he's essentially invalidating Prop 8, because that lets the [Ninth Circuit] ruling stand. Then same-sex marriage is the law of the land in California.
“There are not five votes to give the same-sex marriage crowd what they want right now,” Limbaugh added. “There are not five votes to uphold the Ninth Circuit. But if Kennedy succeeds in getting case dismissed, the [Ninth Circuit] is upheld.”
More broadly, Limbaugh said the entire issue flies in the face of American opinion.
“The will of the people doesn't mean anything,” he said. “In California, there was a ballot initiative, Proposition 8, on which the people of the whole state voted, and by a large majority, despite a lot of money being spent on ads to the contrary, a large majority, the concept of same-sex marriage was defeated, in the whole state of California.
“The will of the people was expressed in a perfectly legal and valid election.
“Well, the will of the people never would go the way of the left if the way of the left were clearly on every ballot,” he added. “The left knows this. The will of the people: We are a constitutional Republic.
“There is a ballot-initiative system in California, where the people can engage in direct democracy. And they did, in a perfectly legal and above-board election, the people of California in a wide margin said ‘no’ to same-sex marriage.
“The opponents, not recognizing defeat, went to the [Ninth Circuit], where Proposition 8 was overturned on the grounds that it's unconstitutional.
“What the Supreme Court ought to do is reverse or overturn the Ninth Circuit and say it's a state constitutional matter or statutory matter. It's not a federal matter,” Limbaugh added. “This case ought not to be at the U.S. Supreme Court, and Kennedy instinctively knows this, by asking twice if the most prudent thing to do here would be not to rule on this at all, just dismiss it.
“But that's the lazy way out,” Limbaugh declared. “Dismissing the case results in Prop 8 being overturned.
“What they ought to do is say: ‘We're sending this back. We're overturning the Ninth yet again. They had a totally legal election. The will of the people has spoken, and it is what it is.’”
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