Day 13: April 19th, 2015: 21 Days of Prayer & Fasting for Marriage & for the U.S. Supreme Court

There is a way that seemeth right unto a man, but the end thereof are the ways of death. Proverbs 16:25

Dear Praying Friends,

Stephen G. Breyer, Associate Justice was born in San Francisco, California, August 15, 1938. He married Joanna Hare in 1967, and has three children – Chloe, Nell, and Michael. He received an A.B. from Stanford University, a B.A. from Magdalen College, Oxford, and an LL.B. from Harvard Law School. He served as a law clerk to Justice Arthur Goldberg of the Supreme Court of the United States during the 1964 Term, as a Special Assistant to the Assistant U.S. Attorney General for Antitrust, 1965–1967, as an Assistant Special Prosecutor of the Watergate Special Prosecution Force, 1973, as Special Counsel of the U.S. Senate Judiciary Committee, 1974–1975, and as Chief Counsel of the committee, 1979–1980. He was an Assistant Professor, Professor of Law, and Lecturer at Harvard Law School, 1967–1994, a Professor at the Harvard University Kennedy School of Government, 1977–1980, and a Visiting Professor at the College of Law, Sydney, Australia and at the University of Rome. From 1980–1990, he served as a Judge of the United States Court of Appeals for the First Circuit, and as its Chief Judge, 1990–1994. He also served as a member of the Judicial Conference of the United States, 1990–1994, and of the United States Sentencing Commission, 1985–1989. President Clinton nominated him as an Associate Justice of the Supreme Court, and he took his seat August 3, 1994 (Bios: Official; ScotusBlog; Wiki).

Justice Stephen Breyer was appointed by President Bill Clinton to replace the late Justice Harry Blackmun, who wrote the majority opinion in Roe v. Wade. Breyer has essentially followed in his predecessor’s footsteps, writing the majority opinion for Stenberg v. Carhart, (2000) striking down a Nebraska law that criminalized partial birth abortion. Then in 2007, he dissented when the Partial Abortion Act of 2003 was upheld by a majority of the Court in Gonzales v. Carhart.

With his background in administrative law, Justice Breyer can be depended upon to vote the liberal line in most circumstances. He boldly declares his belief in a “Living Constitution,” that the Founders wrote in “broad language” so that it could be interpreted to fit the needs of an evolving nation. In his mind, the Supreme Court’s duty is to interpret the Constitution in light of changing modern circumstances. He outlines his philosophy in his 2010 book, Making Our Democracy Work.

Justice Breyer dissented in Greece v. Galloway when the majority ruled that the City of Greece was not in violation of the Constitution by allowing clergy from various churches and other groups, in rough proportion to their distribution in the population, to open Council meetings with prayer. He also believes the Second Amendment was intended to protect state militias. However, Breyer has voted with conservative colleagues to uphold laws requiring pornographers to restrict access to their online sites to protect minors.  Additionally, he has voted to require TV networks to scramble their signal at times material unfit for children is broadcast.


On homosexual issues, Breyer voted with the majority in Lawrence v. Texas, which overturned all the laws against consensual sodomy.  In U.S. v. Windsor, the decision most pertinent to the same-sex “marriage” case to be heard April 28th, Breyer voted in the majority to strike down provisions in the Defense of Marriage Act (DOMA) as applied to the federal government.

Like Justice Kennedy, it will take an epiphany to turn Justice Stephen Breyer’s heart and mind on this issue.  So we must pray.

  • Pray that God, who changes hearts and minds, will bring conviction to Justice Breyer. As in the rare times he voted with conservatives, sometime with different reasoning than his originalist colleagues, may he be moved to stand for each state’s right to make its own marriage law.
  • Lord, we desperately need an awakening in America. You teach us that we are to pray specifically for those in authority (1 Tim 2:1-2), and that you want “all men to be saved, and to come to the knowledge of the truth” (v. 2-8). We pray for Justice Breyer and all of the members of the Supreme Court.
  • Move supernaturally upon Justice Breyer and the other members who share his philosophy. Convince them of sin, of righteousness and judgment, which is what you sent the Holy Spirit to do (Jo 16:8).

Thank you for praying!

I encourage you to pray, plan, participate and use the resources offered below:

Stand for Marriage Sunday & Resources for Pastors   

Pray4Marriage.org (Church Bulletin Inserts & more)

March for Marriage, April 25, 2015, Washington, DC

National Day of Prayer, May 7, 2015

Call2Fall, Sunday, June 28, 2015

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