Eagle Forum Legislative Alerts

Friday, June 05, 2015

Justice Kennedy Learns a New Word

Supreme Court Justice Anthony M. Kennedy learned and used a new word during the Supreme Court’s oral argument about Marriage. He said, "The word that keeps coming back to me in this case is millennia." He was referring to the thousands of years in which the public has honored marriage as the union of a man and a woman. Even liberal Justice Stephen F. Breyer said, "And suddenly you want nine people outside the ballot box" to change that by judicial fiat.

The verdict of history extends even farther back than the U.S. Constitution, which is why Kennedy used the word millennia. Chief Justice John Roberts added, "Every definition that I looked up, prior to about a dozen years ago, defined marriage as unity between a man and a woman as husband and wife." It was not only the longevity of the husband-wife definition of marriage that troubled the Justices, but also its universality. Justice Samuel A. Alito Jr. pointed out that, "until the end of the 20th century, there never was a nation or a culture that recognized marriage between two people of the same sex." Alito noted that in ancient Greece, for example, only opposite-sex couples could be married, even though same-sex relationships were openly tolerated. That proves the definition of marriage is not borne of prejudice or "animus" against homosexuals. The same is true of the non-Western societies of Asia, Africa, and the Middle East.

The gays are asking the Court to reject the will of the American people who for centuries have used a definition of marriage that is "deeply rooted in this Nation’s history and tradition" If the Supreme Court does this, our beloved Constitution would be "subtly transformed into the policy preferences of the current members of the Supreme Court."

Listen to the radio commentary here:

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