Although there were many good arguments and questions at the Supreme Court last week, there were also some significant errors.
In the old America, there were laws regulating sexual conduct, but freedom of association was largely unimpeded. In the new America, there will be no laws regulating sexual conduct, but freedom of association will be limited in defense of sexual liberation.
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.
The dark and troubling history of the contemporary transgender movement, with its enthusiastic approval of gender-reassignment surgery, has left a trail of misery in its wake.
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.
Antonin Scalia is one of the most brilliant, principled, sound, and thoughtful jurists ever to sit on the Supreme Court. But twenty-five years ago today, his legal skills utterly failed him.