NOM BLOG

John Eastman: Just the Facts, Ma'am

 

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.

ThinkstockPhotos-85447250In his most recent Public Discourse article, NOM Chairman John Eastman takes Supreme Court Justice Ruth Bader Ginsburg to task  for her egregious declaration: the American people will accept a Supreme Court decision to redefine marriage to include same-sex couples. Justice Ginsburg believes that this decision, which would force all states to license same-sex partners as “married,” will be accepted readily by the American people because “the change in people’s attitudes on that issue has been enormous,” according to Ginsburg.

However, Justice Ginsburg’s inappropriate comments on this subject also turned out to be simply untrue:

The numbers are staggering, though you won’t see them reported in the nation’s major newspapers. The issue has been on the ballot in thirty-nine statewide elections in thirty-five different states. The cumulative total: 51,483,777 votes in favor of retaining the man-woman definition of marriage, versus 33,015,412 votes in favor of same-sex marriage. That’s a vote margin of 60.93 percent to 39.07 percent, a landslide in American politics.

In addition to disproving Justice Ginsburg’s claim, Dr. Eastman also explains why same-sex marriage is not a constitutional right:

The petitioners’ demand that the Court “find” a right to same-sex “marriage” implicit in the text of the Fourteenth Amendment threatens to drag the Supreme Court, and the country, into another such quagmire. If the Constitution clearly compelled such a result, then it would be the “painful duty” of the Court to say so, a position recognized by the Court nearly two centuries ago in the landmark case of McCulloch v. Maryland. But the Constitution’s text does not remotely compel such a result. Without such a clear command, accepting the petitioners’ arguments would more accurately be described as a “self-inflicted wound” than the exercise of a “painful duty.”

So why is it that the Constitution’s text does not mandate same-sex marriage throughout the land? It does provide that “No State shall . . . deny to any person . . . the equal protection of the law.” Hence the “marriage equality” mantra from the proponents of same-sex marriage. That mantra may be a good debating tactic, but it is not a good legal argument, for it assumes the very thing in dispute.

The real truth is that the American people value the institution of marriage, and they are willing to fight to defend it as between one man and one woman. Regardless of Justice Ginsberg's personal opinions, Americans will not passively watch their precious rights and institutions crumble. Sorry Justice Ginsburg, but those are the facts.

You can read the full article via Public Discourse.