NOM BLOG

NOM Chairman Eastman: "SCOTUS Won't Rule that California Voters Have No Voice"

 

Our Chairman John Eastman has published an op-ed in USAToday predicting that the most likely outcome is that the Supreme Court will uphold DOMA and Proposition 8:

"...Prior to the Perry challenge to Proposition 8, no judge had ever found a federal constitutional right to same-sex marriage. Such a contention has expressly been rejected by the Supreme Court itself in its 1972 decision in Baker v. Nelson. That's why, before Perry, most legal experts felt it was a huge gamble for gay rights advocates to mount a federal constitutional challenge to traditional marriage laws. But the Hollywood funders of the Perry lawsuit proceeded anyway. I predict their gamble will go bust when the court rules that more than 7 million Californians were perfectly within their rights to define marriage in the traditional way, just as citizens in virtually every nation since the dawn of time have done. 

... if states have the right to define marriage, doesn't the federal government have that same right? It's the constitutional duty of our elected officials to decide what burden taxpayers bear in dealing with same-sex couples. Federal laws encourage men and women to marry and have children because society has a profound interest in ensuring that children are born (to continue society) and then raised by their parents to become responsible adults.

It is not unconstitutional for the government to treat different things differently. Whatever one thinks about homosexual relationships, they are not the same as the male/female relationship in their potential for creating children, which is why we have laws encouraging marriage in the first place."