NOM BLOG

Anderson: Supreme Court’s Mixed Decision on Marriage

 

Ryan Anderson writes in National Review Online that "the Supreme Court announced disturbing decisions today on two important cases dealing with marriage law. The Court refused, however, to create a constitutional right to same-sex marriage":

Proposition 8

In its ruling on California’s Proposition 8, the Court declared that the citizen group that sponsored Prop 8 did not have standing to defend the constitutional amendment that millions of Californians voted to pass. The only reason this jurisdictional question was an issue is because the governor and attorney general of the state of California decided to not defend a law passed by the people of that state.

It is scandalous that the governor and attorney general refused to perform their duty. That abdication of their constitutional responsibility should not have prevented these laws from having a vigorous defense in court. This sets a disturbing precedent and distorts the balance of powers between the legislative, executive, and judicial branches of government. It would allow the executive branch to effectively veto any duly enacted law simply by refusing to defend it against a constitutional challenge.

While the government of California through its inaction has tried to silence the voices of Californians, the Court has not created a right to the redefinition of marriage. Marriage laws in the states that tell the truth about marriage—that it is a union of one man and one woman to provide children with a mom and a dad—have not been struck down.

And we must now work to protect marriage laws in the 37 other states defining marriage as a man and a woman across the country.