Eagle Forum Legislative Alerts

Tuesday, August 04, 2015

Congress Should Respond To Justice Kennedy

Justice Kennedy’s opinion on marriage for a 5-4 majority of the U.S. Supreme Court has rightly been condemned for its lack of grounding in the Constitutional text he is sworn to uphold. Unable to find gay marriage in either the due process clause or the equal protection clause of the Fourteenth Amendment, Kennedy ultimately rested his case on what Justice Clarence Thomas sarcastically called the “dignity clause” of the Constitution. There is no such clause, of course, although Kennedy’s opinion mentioned “dignity” nine times. But if dignity can be conferred by decisions of the Supreme Court, then Congress can do that too. Congress should formally recognize the dignity of opposite-sex married couples and resolve to protect that dignity in our laws. A crash program to rebuild the traditional American nuclear family is urgently necessary to continue our nation’s political and economic success in this century. This will not happen if we transform marriage into a means of giving “dignity” to mostly childless homosexuals.

Congress should affirm the many studies that report the particular advantages of husband-wife marriage for all measures of social and economic success. Congress should reaffirm the factual foundation of the 1996 Defense of Marriage Act. Over one thousand federal laws that refer to marriage were intended by Congress to apply only to the union of husband and wife.

Congress should conclude its resolution by formally resolving that the traditional family, founded on a married husband and wife, carries special dignity and deserves special recognition because it provides unique benefits to society. Of course, every human person has value and dignity. Congress should respond to Justice Kennedy with a ringing affirmation of the unique dignity that should be accorded to society’s foundational unit, the marriage of husband and wife.

Listen to the radio commentary here:

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