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Why support a Federal Marriage Amendment? Here are ten reasons
why:
1. The FMA
will prevent activist judges from redefining marriage to fit
their squinty reading of the "signs of the times." There isn't
the slightest shred of evidence to support the claim that
the American people want this redefinition. Those who do should
have the democratic courtesy to take their case to legislatures,
not courts. Judicial usurpation of decision-making on grave
issues of public policy is undermining democracy. It's time
to draw the line. This is the place.
2. "Marriage" is not something
the state can legitimately redefine. Marriage is a human institution
thousands of years older than the state; a just state recognizes
that and structures its laws accordingly. The state is under
moral judgment here, not the institution of marriage as it's
been understood for millennia.
We've already
seen the damage that's been done to marriage and to
children by a culture that increasingly divides 'marriage'
and 'procreation.' Legally endorsing same-sex 'marriage'
will accelerate the separation of marriage and parenting.
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3. Attempts
to redefine marriage inevitably involve parallel attempts
to drive religiously-informed moral norms from public life.
The Supreme Judicial Court of Massachusetts, for example,
declared marriage a "wholly secular institution" in its recent
decision mandating so-called "gay marriage." The Massachusetts
Supremes were wrong, but if their opinion prevails, it will
be another step toward establishing secularism as the official
ideology of the United States.
4. Government-sanctioned
same-sex "marriage" will inevitably lead to demands that homosexual
sex be discussed "neutrally" in public schools. Parents who
fight this will be branded irrational bigots. This is already
happening to supporters of the Federal Marriage Amendment.
5. The same
charge of bigotry will be laid against priests, ministers,
and rabbis who decline to perform "gay marriages." One young
priest I know, an entirely sober soul, told me that he fully
expects to see clergy of his generation jailed for refusing
to perform same-sex "weddings." He is not being alarmist.
Unhappy precedents have already been set in Canada and Great
Britain, where clergy have been subjected to the pressures
of the criminal law for teaching classic Christian doctrine
on homosexual behavior.
6. Some constitutionally
fastidious conservatives and a few dissembling politicians
argue that marriage has always been a matter for the states.
This is historically inaccurate. Several federal laws against
polygamy were passed in the nineteenth century, and absent
federal intervention, polygamy might well have been legal
in several states. Moreover, gay "marriage" activists will
insist that any one state's "gay marriage" provision be recognized
in every other state under the Constitution's "full faith
and credit" clause --- and they'll find a lot of the federal
appellate bench supporting that claim. In the current political,
cultural, and judicial climates, defining marriage is, inescapably,
a national issue.
7. Then there's
the slippery slope, which in this instance is an empirical
reality, not a logical fallacy. If states can redefine marriage
as the union of two men or two women, on what principled ground
will states deny the claims of one man and three women to
be married? Or two women and three men? There is no such ground.
If gay "marriage" becomes the law of the land, polygamy and
polyandry are not far away.
8. Gay "marriage"
advocates insist that family "structure" doesn't matter. Haven't
we learned from years of a lengthy, failed experiment in social
welfare policy that marriage "structure" does count? What's
just about ignoring the overwhelming social scientific evidence
that kids flourish best in a stable family led by a father
and a mother? To endorse same-sex "marriage" is to declare
that motherless or fatherless families are social goods. The
kids, as usual, will suffer most.
9.
We've already seen the damage that's been done to marriage
and to children by a culture that increasingly divides "marriage"
and "procreation." Legally endorsing same-sex "marriage" will
accelerate the separation of marriage and parenting.
10. What would
we be saying about ourselves and our traditions if same-sex
"marriage" wins the day? Among other things, we'd be saying
that the biblical understanding of marriage and the family
is wrong, even bigoted. We'd be saying that there's nothing
really important about our being created male and female.
We'd be saying that "marriage" is something than can be redefined
by anyone seeking to meet a personal "need." Is that what
we want to say to, and about, ourselves?
I don't think so.
George Weigel is a senior fellow of the Ethics and Public
Policy Center in Washington, D.C.
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