Next week the U.S. Supreme Court will hear oral arguments on two of the most critical cases of our time. On Tuesday, March 26, attorneys will make the pitch both for and against California’s Proposition 8 pro-marriage amendment. It maintained the timeless definition of natural marriage as between man and wife.
On March 27, the high court will consider the constitutionality of the Defense of Marriage Act, passed in 1996 with overwhelming bipartisan support and signed into law by then President Bill Clinton. It, likewise, secured the definition of legitimate marriage for purposes of federal law.
Although both cases certainly address a multitude of legal and political issues, they also involve a number of moral and cultural considerations that, if wrongly decided, will literally shake Western civilization to the core.
The Supreme Court could put its official stamp of approval on that cartoonish contradiction-in-terms labeled “same-sex marriage.” Ultimately, the nine justices will decide either to deconstruct, radically render functionally trivial the age-old institution of natural marriage – or leave it alone.
They’d better leave it alone.
Here’s the bottom line: Homosexual activists don’t want the white picket fence. They want to burn down the white picket fence.
In a recent column headlined, “The Revolt of Intelligence Against ‘Marriage Equality,” worldview expert Rick Pearcey addressed one prominent “gay” activist’s admission -- that the destruction of natural marriage signifies the left’s ultimate cultural coup de grâce.
“Masha Gessen, a lesbian and a journalist, spoke frankly about this at a conference in Sydney, Australia,” he wrote. “‘It’s a no-brainer that we should have the right to marry,’ she said. ‘But I also think equally that it’s a no-brainer that the institution of marriage should not exist. … ‘Marriage equality’ becomes ‘marriage elasticity,’ with the ultimate goal of ‘marriage extinction.’”
One of liberals’ favorite defense mechanisms is to ridicule the opposition if confronted with some irrefutable argument. Such is the tactic whenever a thinking person walks into the room and points out this big ‘ol gay elephant: Once the government pretends that some vague combination of “love” and “consent” are all that a “marriage” requires, then other “arbitrary” and “discriminatory” parameters beyond a binary male-female prerequisite must also go poof.
That is to say, if the Court magically divines some constitutional right to “same-sex marriage,” then full “marriage equality” necessarily demands that polygamous, incestuous and any other equally aberrant nuptial cocktail be likewise permitted.
It’s a “no-brainer,” right?
To that end, I’m concerned with the Supreme Court’s recent history of radically redefining that which cannot be redefined. Though examples abound, I’m thinking specifically, as concerns the topic at hand, of the Court’s 2003 holding in Lawrence v. Texas.
In Lawrence, the liberal majority, for the first time in history, radically redefined male-on-male sodomy – hitherto classified “a crime against nature” – as a “constitutional right.”
In his characteristically brilliant dissent, Justice Antonin Scalia voiced my concerns better than I can: “State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality and obscenity are likewise sustainable only in light of Bowers’ validation of laws based on moral choices,” he wrote. “Every single one of these laws is called into question by today’s decision.”
A brief filed by 18 state attorneys general voiced similar concerns: “Once the natural limits that inhere in the relationship between a man and a woman can no longer sustain the definition of marriage, the conclusion that follows is that any grouping of adults would have an equal claim to marriage,” they wrote.
The brief further observed the self-evident “no-brainer” that legitimate marriage is “optimal for children and society at large.”
It’s all very simple. If anything is marriage, then everything is marriage. And if everything is marriage, then nothing is marriage at all.
“‘Marriage equality’ becomes ‘marriage elasticity,’ with the ultimate goal of ‘marriage extinction.’”
I sincerely hope that the honorable and learned men and women who sit upon the highest bench in the land can recognize that all of these San Francisco-style social-engineering games are a deceptive means to a destructive end.
And it’s not the emotionalist end they’ve dolled-up and dished out. The left’s fierce push for “gay marriage” has nothing to do with “marriage equality” and everything to do with “marriage extinction.”
Or, as Ms. Gessen candidly put it: “It’s a no-brainer that the institution of marriage should not exist.”
I pray that at least five justices still think it should.
Matt Barber is an attorney concentrating in constitutional law and he serves as vice president of Liberty Counsel Action, a nonprofit litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.