The most common argument from opposition to the Federal Marriage Amendment is: “Leave the same-sex marriage decision to the states.” Sen. John McCain, R-Ariz., Lynne Cheney and a host of DFL politicians have espoused the agrument. It is misguided and ill-conceived.
Ironically, under the current regime of activist federal judges, leaving same-sex marriage to the states will make it a federal issue. The argument is either a weak avoidance of a controversial issue, or worse, a façade through which liberal politicians may appear neutral, but covertly allow the Supreme Court to ultimately do what they won’t do openly: Legalize same-sex marriage.
Anyone familiar with the Court’s recent track record understands the Court, devoid of self-restraint, will eventually take this issue away from the states in furthering its own liberal agenda. Without a federal amendment, the Court will grant same-sex couples a federal right to marry.
Such a federal ruling would nullify existing defense of marriage statutes, as well as any state constitutional amendments prohibiting same-sex marriage. Lawsuits filed by same-sex couples are currently working their way to the Court, and will soon be ripe for judicial activism.
Accordingly, without the Federal Marriage Amendment, an unelected and unaccountable nine-person legislature bent on taking same-sex marriage away from the states will silence Minnesotans and Americans.
U.S. citizens should be outraged at their elected officials’ refusal to do their jobs and take a stand on an important issue. Arguing the issue should be left to the states is no stand at all. Senators insult their constituencies by pretending otherwise.
A May CBS News survey found 60 percent of Americans favor a federal amendment allowing marriage only between one man and one woman. Unfortunately, without the amendment, this majority will have no long-standing voice.
By failing to support the amendment, elected officials are letting their constituents down and allowing the inevitable legalization of same-sex marriage. It is time they admit this. They must be urged to defend marriage and fight for the crucial federal amendment. The survival of the traditional family for future generations of Minnesotans and Americans depends on it.
Bryan Freeman is a law student at the University and an intern with Alliance Defense Fund. Please send comments to [email protected]
