By Rich Lowry
The Hendricks County Flyer
Tue Apr 09, 2013, 03:09 PM EDT
The real reason for the court to invalidate the law would be that it supposedly has no rational basis and is borne of "animus" toward gays. This is the brief against Proposition 8, which was struck down by a federal appellate court, the famously activist 9th Circuit, on grounds that it has no "legitimate reason."
In this view, the promoters of Proposition 8 came up with a definition of marriage that has stood for centuries in the West and is endorsed by every major religion simply as an imaginative way to stick it to gay people. Every serious contender in the Democratic presidential primary in 2008, including Barack Obama, supported this same definition, presumably also out of the same simmering hostility to gays.
Supporters of traditional marriage believe that the institution exists as an expression of society's interest in children being raised by their biological fathers and mothers. You can say that this understanding is dated, given what has become of marriage the past 40 years. You can say that it is too pinched, given evolving mores. You can't say it is inherently hateful.
If the Defense of Marriage Act is wrongheaded, the solution is simple and will be within reach in a few years if gay marriage continues to win converts - repeal it. And there is nothing wrong with Proposition 8 that California's voters can't fix by going to the polls again.
By seeking a shortcut in the courts, supporters of gay marriage want to end debate through judicial fiat. In an amicus brief in the case, the Becket Fund for Religious Liberty points out the consequences if traditional marriage is deemed irrational. Religious people and groups objecting to same-sex marriage will "face a wave of private civil litigation under anti-discrimination laws never intended for that purpose," and they will be "penalized by state and local governments."
In other words, supporters of the exotic-sounding practice of "opposite-sex marriage" will be marginalized forevermore.
(c) 2013 by King Features Syndicate
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