Parents have unique authority over their children because they bear non-transferable obligations toward their children. The state must respect the right of parents to fulfill their duties toward their children. The second in a two-part series.
Same-sex marriage further encourages the state to encroach on the domain of that indispensable pre-political community, the family. The first in a two-part series.
Being forced to pretend that infidelity is harmless is an insult to the millions of infidelity victims who suffer under our discriminatory no-fault divorce laws.
For a trial judge, the jurisdictional implications of the Supreme Court’s same-sex marriage decision are not matters of idle speculation. They are pressing practical questions with grave consequences.
Consent only has value when it is used to make decisions based on knowledge of what is truly good for us as human beings.
Liberal attempts to defend adultery demonstrate the internal inconsistency and shallowness of contemporary sexual ethics.
If enacted, the deceptively titled Equality Act would punish dissenters, giving no quarter to Americans who continue to believe that marriage and sexual relations are reserved to the union of one man and one woman.
Although economic factors certainly play a role in the growing gap in marriage rates between higher income, college-educated Americans and those with lower levels of education and income, the impact of changing cultural mores should not be underestimated.
As the history of the Adams family attests, the proper education of the young American requires both father and mother, grandfathers and grandmothers.
Conservatives are called bigots because those who embrace the new sexual mores are beholden to the new tolerance as a plausibility structure. Postmodern liberals cannot comprehend the idea that one could simultaneously reject a belief and accept the person who holds it.
The recent Obergefell decision should serve as a wake-up call to conservatives. In particular, conservatives should rethink the Republican Party platform and work to refocus the GOP around the broad theme of “nature.”
Adopting a gender persona is not given. It is something that is developed in response to one’s given sexual identity, which provides a sort of vocation—not a fully determinate life plan, but a structure nonetheless.
If passed, the Equality Act would empower the government to discriminate against those who do not accept a sexually permissive understanding of human nature that denies sexual complementarity.
As skeptics in Ireland feared and the naïve in the United States are now realizing, “marriage equality” inevitably leads to the push for “family equality” through third-party reproduction.
Proponents of same-sex marriage often liken opposition to the bigotry that defended anti-miscegenation laws, preventing interracial couples from marrying. The analogy is specious, for the two movements differ entirely in motivation. One seeks to defend an intelligible understanding of marriage; the other sought to achieve racial purity.
There remain two views on the question of marriage, but they keep talking past each other. One holds that “love wins”—so one shouldn’t stand in the way of love. The other respects the anthropological truth about marriage.
It is important to hold up the truth about marriage for everyone to see. The first step of explaining, defending, and teaching marriage is defining it.
Justice Kennedy’s Obergefell v. Hodges decision is anchored in the liberty to “define and express” one’s identity. But this view of man is not as exalted as it seems. According to Kennedy, self-defined man, if he’s unmarried, remains tragically lonely, and without state recognition, might even doubt his own dignity.
The future of marriage in the United States may look grim, but so did the pro-life cause look forty years ago. Embattled social conservatives should find hope in the demographic shifts that trailed the legalization of abortion.
The Supreme Court’s ruling is a significant setback for all Americans who believe in the Constitution, the rule of law, democratic self-government, and marriage as the union of a man and a woman. Will the right of Americans to speak and act in accord with the truth of marriage be tolerated?
As a legal opinion, Obergefell is an utter failure, relying as it does on a tenuous and historically ungrounded jurisprudence of “dignity.” The debate over same-sex marriage is not over. A constitutional ruling so shoddily reasoned, so completely and easily dismantled by the dissents, must paper over a cause that cannot ultimately win in an open debate.
Do proponents of marriage equality want marriage equality or not? The rhetoric of marriage equality does not match the reality. Only if marriage is the union of a man and a woman does it make any sense to have paternity presumed without consent, incest and polygamy prohibited, and custody bestowed upon biological or presumed parents except for cause.
Millennials who stand up for family, marriage, and the foundational institutions of civil society make possible a new cultural counter-revolution. The question is, will you join it?
Whether or not Locke would approve of it, there is a fundamental marriage right. It is ancient, not recent, and it secures the integrity of the natural family. In fact, nothing is more fundamental to our legal edifice than the ancient liberty of the natural family.
Honest citizens must resist the “safe-sex” propaganda and recognize this campaign for what it is: a deceptive crusade promising an easy solution to a complex problem.
Infertility does not invalidate our marriage, but we constantly experience infertility as an inability to fulfill a basic aspect of marriage. It is a loss for us in a way that it can never be for a same-sex couple. Our relationship is ordered toward having children, even though it is frustrated and kept from this fulfillment.
No matter what well-intentioned teachers and administrators believe, LGBT acceptance programs designed by GLSEN and funded by the CDC are designed to encourage kids to question their gender identity and sexual orientation.
It’s easy to confuse fundamental rights with intensely-desired goods—and thus to wrongly invest the latter with the moral urgency and primacy of the former.
Supporters of transgender ideology believe that they are freeing people from restrictive understandings of gender. In reality, the more our society tries to free itself from gender stereotypes, the more it becomes enslaved to them. By saying that people can be born in a body of the wrong gender, transgender activists are saying there is a set of feelings that are only allocated to women and another set for men.
Because it reduces the human person into a mere vehicle for abstract rights, liberalism has no language to express the transcendence and sacrifice of human sexuality.
Citing tenuous social science that should not (and probably does not) change anyone’s mind merely obscures what people are actually divided over—namely, the purpose of marriage as a social institution.
I’m attracted to people of the same sex, and I’m glad that I was raised by a devoutly Christian mom and dad. My dad’s acceptance of me as a man, with full knowledge of my attraction to other men, was his gift to me. And though it was late coming, I am utterly thankful for it.
Mothers and fathers are not interchangeable—they both add distinct benefits to the development of children. Courts and legislatures can change legal definitions, but they cannot alter biology or psychology.
The Louisiana Marriage and Conscience Act is timely, necessary, and well-justified. If passed, it will help preserve the State of Louisiana’s commitment to freedoms of conscience, religion, and expression.
Social science was never going to save marriage’s male-female infrastructure. What it can do—if the narrative the data reveals isn’t manipulated—is reveal what is really going on.
Redefining marriage increases the chances that children miss out on one of the greatest gifts any person can be given: being raised by the man and woman whose love brought them into existence.
Although there were many good arguments and questions at the Supreme Court last week, there were also some significant errors.
In our culture, there is a chasm between two irreconcilable conceptions of the meaning and purpose of human sexuality and equality. For children most of all, the wrong kind of sexuality and equality has devastating effects.
The European Convention on Human Rights does not require European nations to redefine marriage to include same-sex relationships. However, the European Court of Human Rights may rule in the future that member states must recognize same-sex civil unions.
For the Court to strike down laws defining marriage as the conjugal union of husband and wife would be to abolish the idea that men and women matter—equally—in the lives of the children they create. And it would be both a judicial usurpation of legislative authority and a federal intrusion into a matter left by the Constitution in the hands of the states.
Rather than rush to a fifty-state “solution” on marriage policy for the entire country, the Supreme Court should allow the laboratories of democracy the time and space to see how redefining marriage will impact society as a whole.
Finding a right to same-sex marriage in the Fourteenth Amendment would threaten the religious liberty of citizens and organizations who support marriage and silence or chill the speech of dissenters.
According to a recent amicus brief by scholars of liberty, same-sex marriage is not only counter to the Supreme Court’s long line of personal liberty cases, it may even be prohibited by them.
Americans need to understand that the endgame of the LGBT rights movement involves centralized state power—and the end of First Amendment freedoms.
Those suing to overturn state marriage laws are not merely asking the Court to recognize a new right. They are asking the Court to declare that the Constitution removes this issue from democratic deliberation.
Redefining marriage undermines the ties between marriage and procreation. This will contribute to already declining fertility rates in the United States as marriage rates drop and marriage becomes even more adult-centric in meaning and function. The consequences to the economy and society will be harmful and multifaceted.
Fewer than 9 percent of the countries belonging to the United Nations have redefined marriage to include same-sex relationships—and only one of those did so via its judiciary. A judicial redefinition of marriage would make the United States an extreme outlier on the global stage.
More than fifty million people have, by their votes, demonstrated that they continue to understand the profound importance of marriage. They deserve better than to have the decision to protect or redefine marriage taken out of their hands by the Supreme Court.
A group of distinguished conservative public servants, policy makers, and political operatives has signed an amicus brief saying the US Constitution requires the states to redefine marriage. They argue that this is the truly conservative position—but it takes quite a bit of logical contortion to accept their argument.
The metamorphosis of marriage from a gendered to a genderless institution would send the message that society no longer needs men to bond to women to form well-functioning families or to raise happy, well-adjusted children. That would be bad news for children of heterosexuals on the margins: the poor, the relatively uneducated, the irreligious, and others who are susceptible to cultural messages promoting casual or uncommitted sex.