When Legal Scholars Forget the Law

The recent Supreme Court Masterpiece Cakeshop v. Colorado Civil Rights Commission decision has many Leftists worried and saying absurd things:

A Columbia University professor recently claimed that conservatives’ belief in “natural law” is leading to a “radical theocratization of the Constitution.”

Professor of Law, Gender, and Sexuality Studies Katherine Franke, who also serves as the director of the Center for Gender and Sexuality Law at Columbia, voiced her criticism of the conservative approach to constitutional law during a June 4 interview with Columbia News. (Campus Reform)

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She does not like the view that “religious liberty rights” are “more fundamental than any other rights, and thus should occupy the top tier of constitutional protection.” It’s not only religious liberty rights that are more fundamental than the Constitution, otherwise, the Constitution wouldn’t have a Bill of Rights that protects freedom of religion and speech and other extra-constitutional rights. Moreover, unlike the French Declaration of the Rights of Man, there is no need to list our rights in order to have rights.

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The Constitution doesn’t have much law in it. For example, there are no prohibitions against murder, rape, or theft in the Constitution. It assumes an existing body of law. The Declaration described these laws as “the Laws of Nature and Nature’s God.” If Katherine Franke wants to argue against history, she is free to do so. But she’ll lose. Natural Law was the basis for law in early America, and much of that Natural Law was based on the Bible.

Homosexuality was described as “against nature” by the founders. Even a person who did not believe the Bible’s declaration that same-sex sexuality was “unnatural,” literally, “against nature” (Rom. 1:26-27), their study of nature and the rudiments of biology were enough to tell them that it was.

Homosexuality and bestiality were described as “detestable and abominable and “contrary to the very Light of Nature.” This was not a minority opinion.

Sir William Blackstone, jurist, law professor, political philosopher, and author of the Commentaries on the Laws of England (1765-1769), described “buggery” (that included homosexuality) as “the infamous crime against nature, committed either with man or beast….”

Blackstone’s commentaries were admired and used by America’s Founding Fathers…


Read the Rest of the Story at GaryDeMar.com

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