The United States Constitution And Gay Rights


Where did the laws of the United States originate? To what source did the framers of the Constitution draw their inferences in establishing the rights of citizens for America?

Before the founding of America; before the Constitution existed, there was a standard for all laws that was highly revered and looked upon as the only authoritative source for human law: “Blackstone’s Commentary on the Law.”[1]

When the men who penned the words for the Declaration of Independence and the Constitution of the United States, were looking for a just basis for laws that would unite the colonies into one nation, one people, and government, they used the principles of Blackstone’s as the foundation for these laws.

We see evidence for the impact that Blackstone’s Commentary on the Law had on the framers of our Constitution when we examine the words of the Declaration of Independence:

“When, in the course of human events, it becomes necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

This term: “the laws of nature and nature’s God,” came directly from the text of Blackstone’s and is specific in its description for the origin of valid law.*

In this article, we will explore the major precepts of Blackstone’s, in order to understand the mind-set of the framers of the Constitution, when they were seeking to institute the just laws which would convey liberty to all people who would inhabit this land.

Chapter 2: Of the Nature of Laws in General Law, in its most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations. And it is that rule of action, which is prescribed by some superior, and which the inferior is bound to obey.”

Since the universe is clearly governed by laws, the actions of men should also be governed by laws. We are familiar with the laws of gravity, motion, optics, and mechanics. There are also laws of nature which infer a superior rule for the actions of all persons.

Thus when the supreme being formed the universe, and created matter out of nothing, he impressed certain principles upon that matter, from which it can never depart, and without which it would cease to be. When he put that matter into motion, he established certain laws of motion, to which all movable bodies must conform. And, to descend from the greatest operations to the smallest, when a workman forms a clock, or other piece of mechanism, he establishes at his own pleasure certain arbitrary laws for its direction; as that the hand shall describe a given space in a given time; to which law as long as the work conforms, so long it continues in perfection, and answers the end of its formation.

At the beginning of Blackstone’s commentary on the law, we begin our observation into the facts of this text, which has so inextricably affected the rules of law that would make up the Constitution of the United States. Blackstone stated that by observing the laws of the universe, any person can clearly see that there must be a Creator who has made all that exists. He must also intend that human life be ordered by certain laws. If these laws were not in existence, the universe would not exist, and neither would any person.

All of us must conform to the laws of the Universe or we will not continue to exist as persons upon this planet. If we violate the laws of gravity and jump off a tall building, we will die. If we violate the laws of electricity, we will die. In the same manner, God has designed certain laws that govern human behavior. If we follow and obey these laws, we can live healthy and prosperous lives. If we violate the laws, we will suffer the consequences.

The men who set out to design laws to govern this new nation, took their ideas for the laws of the Constitution, from the laws of God, as He instituted them in the universe in which we live.

If we farther advance, from mere inactive matter to vegetable and animal life, we shall find them still governed by laws; more numerous indeed, but equally fixed and invariable. The whole progress of plants, from the seed to the root, and from thence to the seed again – the method of animal nutrition, digestion, secretion, and all other branches of vital economy – are not left to chance, or the will of the creature itself, but are performed in a wondrous involuntary manner, and guided by unerring rules laid down by the great creator.

As we observe nature, the plants and animals which inhabit this planet with us, display the laws which God has instituted, that allow life to exist. Plants and animals do not exist by chance, nor by any will of their own; they exist by the “rules laid our by the great creator.”

This then is the general signification of law, a rule of action dictated by some superior being: and, in those creatures that have neither the power to think, nor to will, such laws must be invariably obeyed, so long as the creature itself subsists, for its existence depends on that obedience. But laws, in their more confined sense, and in which it is our present business to consider them, denote the rules, not of action in general, but of human action or conduct: that is, the precepts by which man, the noblest of all sublunary beings, a creature endowed with both reason and freewill, is commanded to make use of those faculties in the general regulation of his behavior.

As the creatures and plants, which inhabit our planet, are dependent upon the laws which God has instituted for their survival, so also does man exist by the laws which God has ordained for Him. Our conduct and actions must be conformed into the laws which God has established for us. God has given us the abilities of reason and free will and we are to use these abilities to conform ourselves into God’s general rules for our behavior.

Man, considered as a creature, must necessarily be subject to the laws of his creator, for he is entirely a dependent being. A being, independent of any other, has no rule to pursue, but such as he prescribes to himself; but a state of dependence will inevitably oblige the inferior to take the will of him, on whom he depends, as the rule of his conduct: not indeed in every particular, but in all those points wherein his dependence consists.

As man is a creature who is not self-sufficient, nor did he bring himself into being; he must depend upon someone superior to himself for his survival. A being who is not dependent upon any other, does not need to observe the laws of another, but must observe the laws He has established for Himself. Those who are depended upon another being, superior to themselves, must rule their conduct in such a way that they obey the laws set forth for their existence.

This principle therefore has more or less extent and effect, in proportion as the superiority of the one and the dependence of the other is greater or less, absolutely limited. And consequently, as man depends absolutely upon his maker for every thing, it is necessary that he should in all points conform to his maker’s will.

Since man is dependent upon God for everything, and is severely limited in sustaining his own existence, apart from the environment of earth; which has been provided for him, he must conform himself to the will of his Creator.

* This will of his maker is called the law of nature. For as God, when he created matter, and endued it with a principle of mobility, established certain rules for the perpetual direction of that motion; so, when he created man, and endued him with freewill to conduct himself in all parts of life, he laid down certain immutable laws of human nature, whereby that freewill is in some degree regulated and restrained, and gave him also the faculty of reason to discover the purport of those laws.

The rules of conduct for mankind, as set forth from our creator, are called: “The laws of nature.” These laws came from God as the Creator of the universe.

Again, Blackstone draws a parallel between the laws set forth, that enable matter to exist—concurrent with the existence of man, by similar laws. These laws are described as “immutable laws of human nature, whereby our free will is regulated and restrained.” Along with our free will, we are endowed by our creator, with the ability to discover and understand these laws.

Considering the creator only as a being of infinite power, he was able unquestionably to have prescribed whatever laws he pleased to his creature, man, however unjust or severe. But as be is also a being of infinite wisdom, he has laid down only such laws as were founded in those relations of justice, that existed in the nature of things antecedent to any positive precept.

As God is understood as a Being of unlimited power, He could have instituted any laws that He pleased. Thankfully, God is also infinitely wise, and so He ordered laws that were based upon justice, which are observed in nature—existing before man understood the laws of God. In other words, God can be understood by the things that He has made, as Romans chapter one describes.[2]

These are the eternal, immutable laws of good and evil, to which the creator himself in all his dispensations conforms; and which he has enabled human reason to discover, so far as they are necessary for the conduct of human actions.

The laws which God has established for human behavior, are the same laws that He obeys Himself. These laws are eternal, immutable, and necessary for the conduct of all persons who live on the earth.

Such among others are these principles: that we should live honestly, should hurt nobody, and should render to every one his due; to which three general precepts Justinian has reduced the whole doctrine of law.[3] But if the discovery of these first principles of the law of nature depended only upon the due exertion of right reason, and could not otherwise be obtained than by a chain of metaphysical disquisitions, mankind would have wanted some inducement to have quickened their inquiries, and the greater part of the world would have rested content in mental indolence, and ignorance its inseparable companion.

Blackstone emphasizes the need for laws that are above the wisdom and will of men. If left to his own, man would never form the types of laws for himself, which God has instituted. The basic nature of man is to do what is right in his own eyes, not what is in the best interest of others. The entire principle of liberty and justice for all, originated in the laws and precepts of God’s will for mankind, not from the mind or will of men.

As therefore the creator is a being, not only of infinite power, and wisdom, but also of infinite goodness, he has been pleased so to contrive the constitution and frame of humanity, that we should want no other prompter to inquire after and pursue the rule of right, but only our own self-love, that universal principle of action. For he has so intimately connected, so inseparably interwoven the laws of eternal justice with the happiness of each individual, that the latter cannot be attained but by observing the former; and, if the former be punctually obeyed, it cannot but induce the latter.

While man is inseparably in-love with himself and frequently seeks what is best for self, he is also connected to a deep need for justice. All human beings require, as a part of our basic nature—justice. Each one of us recognizes right and wrong and we are deeply offended by the unjust actions of those who break the moral laws of human life. Some may argue: “what is the moral law and who determines it?” This is precisely why the framers of the Constitution did not rely upon human opinion or situational ethics in determining the law; they relied upon the words of God, who made the universe. Blackstone emphasizes that this inherent need for justice, came to us from our creator. It was for this reason that we seek laws that are above and beyond the mere will of men.

In consequence of which mutual connection of justice and human felicity, he has not perplexed the law of nature with a multitude of abstracted rules and precepts, referring merely to the fitness or unfitness of things, as some have vainly surmised; but has graciously reduced the rule of obedience to this one paternal precept, “that man should pursue his own true and substantial happiness.” This is the foundation of what we call ethics, or natural law. For the several articles into which it is branched in our systems, amount to no more than demonstrating, that this or that action tends to man’s real happiness, and therefore very justly concluding that the performance of it is a part of the law of nature; or, on the other hand, that this or that action is destructive of man’s real happiness, and therefore that the law of nature forbids it.

Man’s happiness does not depend upon an abstract set of rules and precepts that will allow a person to do whatever they desire, in the pursuit of their own happiness. The natural laws that God has established are the methods by which a person may be able to effectively achieve their own person happiness. Those who violate the laws of nature, or natural laws which God has established, will cause their own destruction and forbid themselves the attainment of genuine happiness.

This law of nature, being coeval with mankind and dictated by God himself, is of course superior in obligation to any other-It is binding over all the globe in all countries, and at all times; no human laws are of any validity, if contrary to this: and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original.

Any laws that man may institute, which are contrary to the natural laws that God has dictated to us, are inferior. These natural laws are binding to all persons, over the entire earth. No human law which is in opposition to the natural laws of God are valid. The entire authority for laws are derived, and receive their authority, from God’s original natural laws.

The Basis Of Moral Laws For America

When the founders of America sought guidance for laws that would ensure the survivability of our Nation, they used a time-tested and reliable source:. Blackstone’s Commentary on the Law stated that all human laws which provide a foundation for a nation to survive, are based upon the laws of God. The men who penned the Constitution and the Bill of Rights understood that the acceptance of homosexual behavior would erode and undermine the moral foundation of the nation. During that time same-sex relationships were referred to as “sodomy.” In Blackstone’s commentary on the law, same-sex relationships were seen as so dangerous to human society that they were punishable by death. These were not archaic and outdated views of human sexual interaction designed to repress and inhibit but to free and cause enjoyment in sexual relationships, under the boundaries of marriage.

The Commentaries of Sir William Blackstone became the preeminent legal source of the Founding Fathers. Using the Fourth, Chapter the Fifteenth, “Of Offences Against the Persons of Individuals,” Blackstone stated:

IV. WHAT has been here observed…, which ought to be the more clear in proportion as the crime is the more detestable, may be applied to another offence, of a still deeper malignity; the infamous crime against nature (homosexuality), committed either with man or beast…. But it is an offense of so dark a nature…that the accusation should be clearly made out….

I WILL not act so disagreeable part, to my readers as well as myself, as to dwell any longer upon a subject, the very mention of which is a disgrace to human nature. It will be more eligible to imitate in this respect the delicacy of our English law, which treats it, in it’s very indictments, as a crime not fit to be named; peccatum illud horribile, inter chriftianos non nominandum (“that is such a horrible sin that should not to be named among Christians”). A taciturnity observed likewise by the edict of Constantius and Constans: ubi fcelus eft id, quod non proficit fcire, jubemus infurgere leges, armari jura gladio ultore, ut exquifitis poenis fubdantur infames, qui funt, vel qui futuri funt, rei (“When that crime is found, which is not profitable to know, we order the law to bring forth, to provide justice by force of arms with an avenging sword, that the infamous men be subjected to the due punishment, those who are found, or those who future will be found, in the deed”). Which leads me to add a word concerning its punishment.

THIS the voice of nature and of reason, and the express law of God, determine to be capital. Of which we have a signal instance, long before the Jewish dispensation, by the destruction of two cities by fire from heaven: so that this is an universal, not merely a provincial, precept. And our ancient law in some degree imitated this punishment, by commanding such miscreants to be burnt to death; though Fleta says they should be buried alive: either of which punishments was indifferently used for this crime among the ancient Goths. But now the general punishment of all felonies is the fame, namely, by hanging: and this offence (being in the times of popery only subject to ecclesiastical censures) was made single felony by the statute 25 Hen. VIII. c. 6. and felony without benefit of clergy by statute 5 Eliz. c. 17. And the rule of law herein is, that, if both are arrived at years of discretion, agentes et confentientes pari poena plectantur [“advocates and conspirators should be punished with like punishment”—DM] (1769, 4.15.215-216, emp. added).

It was upon the text above that the Framers of the Constitution and those who sought to establish laws for the United States as a Nation, gathered their thoughts for the moral fabric of our nation. These precepts were translated into laws which would allow religion in American government to express its views so that no immoral uprising could be successful.

As the First Amendment was first eroded by the suppression of religious expression in American government, the immoral movement to accept gay rights further sought to degrade the foundation of the family. Americans being unaware of the intent of the founders of our nation, believe today, that gay rights are human rights. In fact, gay rights are the force of erosion that has now placed the entire nation near the precipice of collapse.

In our examination of Blackstone’s thus far, we see that the basis for all laws, originate in the laws of God, as described by the Bible. The framers of the Constitution were seeking a just basis for the Constitution, which exists apart from the opinions of men. In order to establish the laws of our new nation, a foundation for justice must originate from an authoritative source. Blackstone’s Commentary on the Law, describes the laws of nature, or the natural laws, as the only definitive source for these just laws.

What is important to our understanding at this point, is the clear fact that persons may not do anything that they feel is right, when those actions are in opposition to the laws of nature. A way to understand the laws which nature has established for us is in observing the natural use of nature. Dolphins must swim in the sea, for they exist in their natural form as a creature which must live in the water and find their existence swimming in the sea.

When we examine a man, we see clearly that he was created for a woman. When we examine a woman, we see clearly that she was made for man. These are the natural laws of human existence which every person can observe. When a person determines that they will change the natural use of a man and seek to unite himself with another man in a sexual relationship, this behavior is not natural and is against the laws of nature. Conversely, this is the same for two women. Every person understands this principle, whether or not they are willing to admit their knowledge.

Did the framers of the Constitution intend that men should possess the right to marry other men, or women with other women?

The intent of all laws set forth by the framers of the Constitution were to obey “the laws of nature and natures God.” This specific language is in the Declaration of Independence. This fact being understood, it is impossible that the framers intended that God’s natural law of marriage between one man and one woman, should ever be changed by any law of men.

Whatever a person may believe today, is certainly there right to believe. A person may say anything that they wish, as a right of free speech. They may however, not determine that this same Constitution which conveys the right of free speech, also allows them the opportunity to do anything that they wish, if their behavior violates the basic principles of all laws; the natural laws of nature.

Today, we live in a world where our Supreme Court Justices in America care more for the popular opinions of men, rather than the opinions of God. The men who founded this nation, cared deeply for the opinions of God and determined to fashion laws which were in accordance with His the natural laws.

The Founding Fathers realized that at some point in the existence of the United States, men would seek to change the laws that are set forth in the Constitution. For this reason, they first established that these rights as human beings are established “by God,” not men. As such, no man has the right to change what God has determined. It was through the natural law that our Constitution was designed, in accordance with what God had made clear in His word, concerning the manner, and behavior of all persons.

Nations may change laws and they may institute laws. It is important that when they conduct these actions that they understand that their decisions will affect every person in a nation. When the Supreme Court begins to institute laws, rather than enforce what has already been set forth by the Constitution, they violate the basic structure of the Constitution.

The Constitution was intentionally set up to prevent once branch of government from ruling over the other two branches of government.

Article 1: The Legislative branch consists of the Senate and House of Representatives.
Article 2: The Executive branch consists of the President , Vice President and the Cabinet.
Article 3: The Judicial branch consists of the federal courts and the Supreme Court.

Each of these three branches of American Government has their own unique powers, and each of these powers are limited or checked by the other branches of government.

There is good reason why the first words of the first amendment to the Constitution is concerning religious liberty. The Founders were very concerned that government would later seek to change the Constitution and begin to interfere in the religious practices of Americans. This right, under the Constitution, was of the utmost importance, for the very laws of the United States themselves, depended upon religious liberty being protected by the Constitution.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”

It was not the intention of the Founding Fathers to allow the courts, nor the Supreme Court, to make laws which are in direct opposition to the laws and intent of those laws, as established by the Constitution. It is the task of the Supreme Court Justices to examine the intent of the framers and enforce the laws which exist, under the Constitution.

If we examine the source that the framers used in determining the laws for the United States of America, we clearly see that these men intended that the rule of law for our nation, would be based on the natural laws which God has established; not on the ever changing desires and opinions of men and women.

These laws of nature define human life as a gift from God, bestowed to all people equally, without restriction to life, liberty, or personal pursuit of happiness. These laws, however, do not afford any person the right to violate the laws of nature. Any perversion of the intended purpose of human life, was never afforded to any citizen by the Constitution.

Again, deriving their intent from the text we have read so far, these laws of nature are “self evident.”

The natural laws concerning marriage requires a man and a woman. Nature has not conveyed to us, any evidence that men were intended for men, nor women for women. Only a man and a woman, as a union that is obvious from nature, have the capacity to procreate and continue the species. It is obvious the God’s intention was for one man and one woman to be united in Holy matrimony, for life.

But in order to apply this to the particular exigencies of each individual, it is still necessary to have recourse to reason; whose office it is to discover, as was before observed, what the law of nature directs in every circumstance of life: by considering, what method will tend the most effectually to our own substantial happiness. And if our reason were always, as in our first ancestor before his transgression, clear and perfect, unruffled by passions, unclouded by prejudice, unimpaired by disease or intemperance, the task would be pleasant and easy; we should need no other guide but this.

This is an interesting statement by Blackstone concerning the law. Here it is stated that if man existed today in his pre fallen condition, before sin became his master, then there would be no need for the law. It is because man is a morally defective creature that he must be corrected and directed by the original laws which God has determined. [4]

Man now finds that in his present condition, his reason is corrupted, and his understanding of right and wrong is full of ignorance and error. This has given manifold occasion for the benign interposition of divine providence; which, in compassion to the frailty, the imperfection, and the blindness of human reason, has been pleased, at sundry times and in diverse manners, to discover and enforce its laws by an immediate and direct revelation.

It is because man is in the condition that he finds himself, that the Constitution was necessary. Though the framers instituted laws that should have regulated the actions of all citizens, today we find that the government itself has changed and corrupted the original intent of the law.

The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the holy scriptures. These precepts, when revealed, are found upon comparison to be really a part of the original law of nature, as they tend in all their consequences to man’s felicity.

Here again, it is interesting that Blackstone, who wrote these words fifty years before the Constitution was penned, stated that all laws are subject to the “divine law,” as found in “the holy scriptures.” Further, Blackstone declares that these laws which govern all human life, are a “part of the original law of nature.”

But we are not from thence to conclude that the knowledge of these truths was attainable by reason, in its present corrupted state; since we find that, until they were revealed, they were hid from the wisdom of ages.

The natural laws which God has given to man, were not attainable by human wisdom. In man’s present state, he would never have been able to conceive nor formulate the just laws which God has given to us for our lives. Blackstone recognized this and so did the Framers of the Constitution. It is from this mind-set that all of our liberty arose.

As then the moral precepts of this law are indeed of the same original with those of the law of nature, so their Intrinsic obligation is of equal strength and perpetuity. Yet undoubtedly the revealed law is of infinitely more authenticity than that moral system, which is framed by ethical writers, and denominated the natural law. Because one is the law of nature, expressly declared so to be by God himself; the other is only what, by the assistance of human reason, we imagine to be that law. If we could be as certain of the latter as we are of the former, both would have an equal authority; but, till then, they can never be put in any competition together.

The laws which Blackstone formulated for all human activity, are the same which God ordained for mankind. The Founding Fathers realized this and for this reason, they used Blackstone as their template for the laws of the United States. Even in this truth; that all of man’s laws should originate in the laws of God, the laws of God themselves, are infinitely more authentic than any system of morality that man could devise for himself. The Laws of God go to the heart of man. The laws of man go to his actions. God is always more interested in what is transpiring in the heart of a person than He is with what the actions of his life display.

If our intents were equal to our actions, then the laws of men would be much easier to formulate. As such, man must have an authority that is transcendent of himself. It is only the natural laws of God that are effective in the governing of man.

This section of Blackstone’s continues with the same context. It is only necessary for us the reader—thus far, that we have seen sufficient evidence to conclude that the Constitution of the United States was written by intelligent and diligent men who highly revered the laws of God and used them as their model for the government of the United States.

It is clear that the discussion regarding the rights of gays to marry, was already determined by the Founding Father’s when they wrote the words to the Constitution. These men never intended that persons of the same sex would be afforded the rights of marriage, nor live together as an acceptable lifestyle, protected by the Constitution.

The fact that our president and Supreme Court have determined that the rights of gays to marry is a right afforded to them by the Constitution, shows just how far we have moved away from God since our founding. We wonder how long a nation can survive when it has destroyed the foundations upon which it was built.

See Also:
America’s Spiritual Heritage
Blackstone’s Commentary on the Law
The Founding of America as a Christian Nation
When America Abandons God: The Signs And The Consequences
Gay Marriage is the Law of the Land; So Also is the Right of Free Speech

[1] Section 2 – Of the Nature of Laws in General Blackstone, Sir William (2013-04-04). Commentaries on the Laws of England: All Books (Kindle Location 706). Waxkeep Publishing. Kindle Edition.
[2] Romans 1:20 For since the creation of the world His invisible attributes are clearly seen, being understood by the things that are made, even His eternal power and Godhead, so that they are without excuse
[3] Byzantine emperor 527–565; Latin name Flavius Petrus Sabbatius Justinianus. He regained North Africa from the Vandals, Italy from the Ostrogoths, and Spain from the Visigoths. He codified Roman law
[4] The fact of man’s fallen condition, in corroboration with the text of the Bible, are in perfect agreement. The newspapers and television stations broadcast all over the world—everyday, the atrocities and evil actions of human beings. We are indeed, a fallen race, just as the Bible declares.

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