Eagle Forum Legislative Alerts

Friday, May 08, 2015

What Will the Court Do About Marriage?

If you get your news primarily from the media, you might think that same-sex marriage has already been recognized as a constitutional right. In fact, the Supreme Court held the opposite in 1972 and has since refused several opportunities to change that ruling. A new hearing will be held soon and dozens of briefs were filed in the Supreme Court, urging the Court not to take the step that liberals have declared to be inevitable. These briefs argue against a sweeping decision redefining marriage for all 50 states. The first is the principles of federalism. The Court has been reluctant to project its authority into areas of traditional state concern, especially family law. Second is the idea that the states are “laboratories of democracy” for devising solutions to divisive domestic issues.

Third, the Court said it should be cautious when asked to rule in an “uncharted area” that lacks “guideposts for responsible decision-making.” Fourth, the Court should be reluctant to redefine marriage in the absence of a close nexus between the right asserted (same-sex marriage) and the constitutional provision (equal protection of the laws). The equal protection clause has never been applied to marriage. Fifth, the Court said it should respect the “earnest and profound debate” in which the states are engaged. It should not short-circuit the democratic process with a ruling that pretends to settle the debate once and for all.

The pro-gay media have tried to make gay marriage seem normal, saying it’s now “allowed in 37 states.” In fact, same-sex marriage was enacted by only 11 state legislatures, and only three of those laws were ratified by popular vote. In the other states – in some cases, by only a single judge. If the judges ignore all their precedents, the other branches of government should use their constitutional powers to check and balance a bad decision.

Listen to the radio commentary here:

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