World Tribune.com

The pivotal battle has been joined


For marriage, against arrogant judges

By Richard G. Wilkins, Defend Marriage.org
Special to WorldTribune.com
Friday, February 26, 2004

As had been widely expected, President Bush, Tuesday, announced his strong support for an amendment to the United States Constitution to define marriage as the union of a man and a woman. The President issued a call to arms. The pivotal battle of our age has been joined.

In an eloquent statement, the President noted that Ò[I]n recent months some activist judges and local officials have made an aggressive attempt to redefine marriageÉ After more than two centuries of American jurisprudence, and millennia of human experience, a few judges and local authorities are presuming to change the most fundamental institution of civilization. Their actions have created confusion on an issue that requires clarity.Ó

He further noted that Òunless action is taken, we can expect more arbitrary court decisions, more litigation, more defiance of the law by local officials, all of which adds to uncertaintyÉOn a matter of such importance,Ó he said, Òthe voice of the people must be heard. Activist courts have left the people with one recourse. If we are to prevent the meaning of marriage from being changed forever, our nation must enact a constitutional amendment to protect marriage in America. Decisive and democratic action is needed, because attempts to redefine marriage in a single state or city could have serious consequences throughout the country.Ó

The President is right. Homosexual activists have persuaded immodest and arrogant judges to invoke the Constitution to redefine (and thereby drain of all principled meaning) society's most fundamental and essential institution, marriage. It is both appropriate and necessary for the people of the United States to reassert their right to protect both the Constitution and marriage from such unwarranted wholesale judicial revision.

And we have reason to be optimistic. With hard work, we can win this fight.

A solid majority of Americans oppose legalizing same sex marriage. Three quarters of the states, 38, the same number that must ratify a constitutional amendment, have passed state laws or state constitutional amendments reaffirming marriage as the union of a man and a woman. With President Bush's support, marriage finally has the serious attention of voters nationwide.

Amending the Constitution is never easy, but it is doable ø particularly if we keep in mind what is at stake:

A constitutional amendment is necessary to prevent same-sex marriage in one state from resulting in same-sex marriage in all states.

An action by one state, such as Massachusetts, to legalize same sex marriage can have direct legal implications for all other states. This is due to a provision of the United States Constitution, the ÒFull Faith And Credit Clause," which basically provides that contracts legal in one state are legal in all states. The clause may require that homosexual marriages solemnized in Massachusetts (or San Francisco) be recognized by all other states.

Indeed, it is the announced intent of homosexual activists and their allies to use the clause to force this result. Moreover, the great majority of law professors and other legal scholars who have written on the issue have concluded that the Full Faith and Credit Clause will require all states to recognize another state's same-sex marriages.

This is why it is disingenuous, at the very least, for homosexual activists to assert that an amendment is not necessary; that questions of marriage should be Òleft to the states.Ó Those same activists have worked for decades to ensure that marriage will not be left to the voice of the people. These activists know that, without a constitutional amendment, activist federal judges will impose same-sex marriage on all the states.

The evidence is overwhelming. Marriage is essential for strong families. Strong families are essential to successful societies.

History, legal theory and findings from decades of social science research establish an overwhelming case for marriage. Marriage is much more than an Òintimate relationshipÓ between two people. It is, and always has been, the very seedbed of society. Unless the norms and expectations associated with marriage are preserved (and, in fact, strengthened), the welfare of American women, men and children will decline ø dramatically. For a summary of this evidence, and the future we face absent immediate action, please go to www.defendmarriage.com.

We must amend the Constitution to rein in activist judges and preserve our democratic system.

As they hand down decisions that increasingly depart from the language of the Constitution and the history and culture of the American people, activist judges are surely but insidiously undermining the brilliant political system established by our Founding Fathers. The people, not the courts, are and must be the primary fount of decision-making power. Unless the people act, quickly and decisively, to re-exert their prerogative to govern themselves, our democratic system will be in serious jeopardy.

The American people must remind a runaway judiciary that America ø including its judges ø is governed by a written Constitution. The judges have made it clear that they do not intend to be bound by constitutional text or the history, traditions and practices of the American people. In such circumstances, the people must amend the Constitution to force the judges to listen. The President is right. ÒOn matters of such importance, the voice of the people must be heard.Ó

So, what can each of us do to help? Here are my recommendations.

    1. Educate yourself, your spouse and your children; then help educate others. Defend Marriage and our parent group, United Families International, along with other pro-marriage and pro-family groups, are making available extensive educational materials on the importance of marriage and what people can do to protect it. Read this material. Pass it on to others. You can find this material at www.defendmarriage.org and www.unitedfamilies.org Check out the Sexual Orientation: UFI Guide to Families Issues at http://www.unitedfamilies.org/family_issues_guide.html. This guide gives you a thorough survey of social science regarding homosexuality.
    2. Defend marriage whenever and wherever you can with friends, family, co-workers and others. You can no longer stay silent; speak with knowledge, kindness and understanding, but above all: speak! Person-to-person advocacy is the most persuasive political communication, whether in defense of marriage or any other cause.
    3. Take action however you can. Sign a petition, such as our United States Petition to Defend Marriage at www.defendmarriage.org. Contact your elected representatives. Register to vote. Support pro-marriage and pro-family candidates and get out and vote for them. Encourage others to do the same. Defend Marriage and other groups will be making suggestions on what you can do to be most effective.
    4. Contribute to the cause. The hard reality is that those who are attacking marriage and the family are spending millions of dollars in pursuit of their goals. If we cannot also raise millions of dollars to defend marriage and the family we will lose this battle. Find an organization that reflects your views and values and support it financially.

As President Bush said, Òthe union of a man and woman is the most enduring human institution, honored and encouraged in all cultures and by every religious faith. Ages of experience have taught humanity that the commitment of a husband and wife to love and to serve one another promotes the welfare of children and the stability of society.Ó

There is no more important effort than protecting the basic institutions ø the Constitution and marriage ø that have provided the foundation for American progress, justice and prosperity for more than 200 years. We must all join the pivotal battle of our age.

How well we do our duty will determine in a very real way the fate of future generations.


To sign the petition to defend marriage, visit: Defend Marriage

Richard Wilkins is a professor of law at Brigham Young University. An internationally recognized expert on legal issues related to marriage and the family, he is the managing director of BYU's World Family Policy Center, and the founder of Defend Marriage, (www.defendmarriage.org) a project of United Families International.

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