On Tuesday Feb 8th the Senate Judicial Proceedings Committee received testimony on Senate Bill 116 which would change the definition of marriage in the State of Maryland. It would claim that two men could "marry" or two women for that matter. Nothing could be further from the truth. If the legislators passed a bill to suspend gravity only a fool would be so naive to act as if that "law" changed reality based on the supposed authority of the legislators to "make law". So it is with marriage. The only intellectually honest label to give what they are attempting to do is legalize sodomite unmarriage. Here is the text of my testimony and some of the citizens who testified with me.
Testimony on SB 116 - February 8th in the year of our Lord Jesus Christ Two Thousand Eleven
Chairman and Senators, I am Pastor David Whitney from District 30, Pastor of Cornerstone Evangelical Free Church of Pasadena and Senior Instructor at Institute On The Constitution - where I teach the only course offered anywhere on the Maryland State Constitution. You took an oath before Almighty God to uphold this Constitution, and He will hold you accountable to that oath on Judgment Day.
The largest of the many problems with SB 116 is the problem of unintended consequences. Would you ponder for a moment what this bill will do that has not yet been considered. When we examine the foundations of Maryland Government it squarely rests upon one crucial phrase in the Declaration of Independence - “the Laws of Nature and Nature's God.” That is the fixed, external, unchanging law which is the foundation of the contract We the People entered into when we created Maryland's State Government.
That same reality is also reflected in the very first words of our State Constitution; the DECLARATION OF RIGHTS begins;
“We, the People of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare:”
Therefore God's Law is the foundation of the contract we formed when we created Maryland's State Government. SB 116 would irrevocably alter that foundation and would therefore be a breach of contract with the People of the State of Maryland.
The Declaration of Rights continues with
“Article 1. That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient.”
This declares that we the people have the inalienable right at all times to alter, reform or abolish this Form of Government. The Legislative branch is granted no such power by our Constitution. Read the document carefully and you will see that this is the case.
Furthermore Art. 5. (a) of our Declaration of Rights clearly states ...
“(1) That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that Law, and to the benefit of such of the English statutes as existed on the Fourth day of July, seventeen hundred and seventy-six;”
Ask any honest historian and they will show you that the law regarding marriage as it existed July 4th 1776 was that marriage by definition was only between one man and one woman.
Then the very next Article in our Declaration of Rights speaks directly to you as Legislators.
“Art. 6. That all persons invested with the Legislative or Executive powers of Government are the Trustees of the Public, and, as such, accountable for their conduct: Wherefore, whenever the ends of Government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right ought, to reform the old, or establish a new Government; the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.”
If you pass SB 116 and it is signed by the Governor, you will have done irreparable damage to the Government of the State of Maryland. For in that bill you will have completely delegitimized the Government of this State, for you will have struck at the very foundation upon which the contract between We the People and the State Government rest. That foundation you'll recall is “the Laws of Nature and Nature's God.” In delegitimizing this current Government you will proclaim to the inhabitants of the Free State that the laws of this Government are not to be obeyed, that the taxes this Government claims are due, are not to be paid, that the courts of this Government as of now have no authority, that the executive branch and all its multitude of regulations and regulators can now be ignored and that We the People of the good State of Maryland are free from any obligation morally or legally to this Government, and we should from this point forward consider it as our Founders considered King George III;
“A [Government], whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.... We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold [this Government], as we hold the rest of mankind, Enemies in War, in Peace Friends."
To destroy the foundation of Law is to destroy the foundation of Government. Is this what you want to do? Consider the unintended consequences of SB 116 and if you insist on this folly, then at least have the decency not to impose it upon those counties of Maryland which wish to have no part in an illegitimate Government. Senator Colburn has previously submitted legislation to enable the Eastern Shore to secede from Maryland. If SB 116 passes multitudes in all of Western Maryland, Garrett, Allegany, and Washington as well as Southern Maryland, Charles, Clavert and St Mary’s would desire to secede from Annapolis. Indeed I’ve had conversations with citizens from Harford, Baltimore, Carroll, Fredrick and Anne Arundel that hold these same sentiments. To quote a great leader, “Let my People go.” Free us to secede from the illegitimate State Government centered in the Washington D.C. - Baltimore corrupt corridor. And may history forever forget that you were ever our countrymen. I ask you to return an unfavorable report.
Pastor Whitney's remarks were first published at iotconline.com, the website of Institute On The Constitution.