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Peter LaBarbera Supports Treason In California

Peter LaBarbera on his Americans for Truth website has slid down his own slippery slope from irrational debate to a call for rebellion and treason against California.  Yes, there one can commit treason against a State.  It was for that offense that John Brown of Harper’s Ferry fame was hanged before the Civil War.

Peter has cast his lot with Randy Thomasson of the Campaign for Children and Families of California.  Mr. Thomasson has a four step plan to stop the California Supreme Court Decision that grants gay men and lesbian the civil right to marriage.

Step 1. Write Chief Justice George and ask for a stay in the decision until after the vote in November on a constitutional amendment.  (Basic lobbying … nothing wrong there.)

Step 2. Call and email Governor Schwarzenegger; tell the Governor not to change the marriage license forms until the Legislature changes the marriage laws authorizing changes to those forms.  Tell the Governor, the Court does not have authority to change the law or the forms. (Well, this is a bit on the edge but still OK.  They are only encouraging the Governor not to change a form, after all … not too big a deal … though they are attempting to muck with the Court’s decision.)

Step 3. Call Dr. Horton of the California Office of Vital Records.

You need to tell Schwarzenegger’s people what they cannot do. Dr. Mark Horton is director of the Department of Public Health, which includes the Office of Vital Records. This is the office that manages California’s marriage license form and keeps a statewide record of marriage certificates. Horton is deciding whether he can unilaterally change the marriage forms — deleting a “bride” and a “groom” or a “man” and “woman” — without the Legislature first putting a bill on the Governor’s desk that he signs.

The authority of California’s Family Code statutes was clearly understood by Horton’s office in 2004 when the City of San Francisco created altered forms which were out of compliance with the marriage statutes governing this process. Even with the Supreme Court’s May 15 ruling, only the Legislature can change the statutes which govern those forms.

The California Constitution clearly limits lawmaking power to the Legislature and the voters. This foundational requirement of our democratic process applies now to changing the marriage forms in response to the Court.

Contact Dr. Mark Horton immediately. Politely but firmly tell him that the marriage forms are determined by the marriage STATUTES, which only the Legislature can change in response to the Court.

(Here, Peter and Randy put their toes over the line a bit.  They encourage citizens to tell State Officials NOT to obey legitimate orders of the Supreme Court.  They are asking Dr. Mark Horton to rebel.  Very brave of Peter and Randy, asking Dr. Horton to put his reputation on the line.)

Step 4.Urge your local county clerk in California to follow the marriage statutes, not the court’s unacceptable, unconstitutional opinion.

County clerks in California’s 58 counties should decline to follow the court’s “opinion.” They can ignore it because a) they have to follow the law (the California statutes) and b) the California Constitution prohibits the judiciary from making laws. Remember that:

> 52 out of 58 California counties voted for Prop. 22, the statutory man-woman marriage initiative, in 2000

> California to this day defines marriage for a man and a woman throughout the Family Code

> The California Supreme Court has no constitutional right to “legislate from the bench”


The powers of state government are legislative, executive, and judicial.  Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution.

> Only the Legislature through the passage of bills or the people through the initiative process can make new laws


The legislative power of this State is vested in the California Legislature which consists of the Senate and Assembly, but the people reserve to themselves the powers of initiative and referendum.

County clerks, who are elected by local voters, must do what’s right and preserve public order.

a) The California statutes only allow marriage between a man and a woman

b) The people voted in 2000 to reserve marriage licenses for a man and a woman in the Family Code

c) The California Constitution clearly prohibits the state high court from making laws. Only the people through the initiative process or the Legislature through the legislative process can do that

Local voters of counties that approved Proposition 22 in 2000 will greatly appreciate the county clerk upholding the marriage statutes, respecting the democratic process, and declining to participate in the Supreme Court’s nonsense that goes against nature and family and the best interests of children.

See the map showing the 52 of 58 California counties that approved Prop. 22 which read “Only marriage between a man and a woman is valid or recognized in California.” IMPORTANT FACT: This March 2000 ballot measure was a statutory initiative, not a constitutional amendment. Prop. 22 went into the Family Code. In contrast, the California Marriage Amendment on the November 2008 ballot will go into the California Constitution, overruling the Supreme Court’s opinion on marriage.

ACTION: If your county approved Prop. 22, please call your county clerk immediately. Urge him or her not to issue marriage licenses to anyone but a man and a woman. Urge your county clerk to:

“Do what’s right, maintain public order, uphold the marriage statutes, and respect the democratic process by NOT issuing any ‘same-sex marriage’ licenses until the people decide this issue in November. Please enforce the marriage statutes and Proposition 22, which both say marriage is only for a man and a woman. Decline to go along with the court’s nonsense. The separation of powers provision of the California Constitution prohibits the court from legislating from the bench. That’s why even Chief Justice Ron George told the L.A. Times he didn’t know whether his ruling would be accepted.”

Remember, even if county clerks say they MUST follow the Supreme Court decision, that’s not true and you should tell them so. The California Supreme Court has no constitutional authority to impose new laws — especially laws that go against marriage and family, the foundation of society (see California Constitution, Article 3, Section 3 and Article 4, Section 1). Only the Legislature and the voters can make new laws with statewide application.

History is replete with examples of doing what was right despite unjust laws and tyrannical orders:

– Peter and the apostles telling authorities that they will obey God, not man

– Several state legislatures declaring they will never accept slavery despite the U.S. Supreme Court’s Dred Scott decision in 1857

– The post-WWII Nuremberg trials punishing military officers who followed orders and committed crimes against humanity

– The pro-democracy protestors who died in Tiananmen Square in 1989

Likewise, the unconstitutional and tyrannical California Supreme Court ruling to destroy the man-woman definition of marriage should not be obeyed.


More below the fold.


Likewise, the unconstitutional and tyrannical California Supreme Court ruling to destroy the man-woman definition of marriage should not be obeyed.

Peter and Randy are calling for rebellion and treason in California.  They are openly calling for citizens to rebel against the lawful authority of the Supreme Court of California and the orderly function of this State.  And that, my friends, is treason against this State.

I know it is perfectly legal to write whatever one chooses to write in this wonderful country of ours.  I know that it is perfectly legal to freely exchange ideas in this wonderful country of ours.  I have no problem with that.  Peter and Randy are free in the USA to call for rebellion and treason all day long.

Just as long as they are painted as the traitors and rebels that they are.  True patriots don’t write and act like rebels.  True patriots don’t encourage treason.  

Peter LaBarbera, j’accuse!  

Randy Thomasson, j’accuse!  

Your call for rebellion and anarchy and treason will fall on stony ground and deaf ears!  No longer can patriot Christians pretend that either of you are patriots who love the USA and the fine states that make up this country.  For you two have called for rebellion and anarchy and a breakdown of law and order.  Shame on you both!

[In light of the many intellignt comments to this posting, I have come to agree that Peter and Randy have not quite committed treason against the State of California.  I was in error to have so claimed. – Dagon]

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