Marriage and the Fourteenth Amendment

With stunning arrogance, five lawyers dressed in black robes redefined marriage for the entire nation.  The Supreme Court of the United States issued an opinion on June 26, 2015 that compels states to recognize same-sex unions as marriages.  Justice Anthony Kennedy wrote the opinion for the Court.  The Court’s rationale for compelling states to recognize same-sex marriages rests on the Fourteenth Amendment.

No one in Congress in 1866 who voted to propose the Fourteenth Amendment could have imagined that the amendment would be used to redefine marriage.  Those in the state legislatures who voted to ratify Fourteenth Amendment would have been shocked to learn that the amendment they were supporting would change the fundamental nature of marriage.

Marriage for centuries had two key ingredients: a man and a woman.  This definition predates 1868, when we adopted the Fourteenth Amendment; predates 1787, when the Constitution was first written; predates 1492, when Christopher Columbus first came to what became America; predates 1215, when Magna Carta was drafted; predates Christ.

The architects of marriage did not create an institution to exclude homosexuals.  They were not creating an institution for heterosexuals.  Marriage was created for women and men to encourage stable families for the purpose of caring for children.

The Fourteenth Amendment was adopted in the wake of the Civil War.  Over 600,000 soldiers died in the four-year conflict.  These soldiers were Northerners and Southerners, and blacks and whites.  To misuse the Fourteenth Amendment to further a social agenda dishonors those who fought in the war.  It also insults those on whose behalf the amendment was adopted, namely blacks.

Two years ago, the Court found unconstitutional a portion of the Defense of Marriage Act, which had defined marriage for federal purposes as a union between a man and a woman.  Twelve years ago, the Court found unconstitutional state anti-sodomy laws.  Both decisions, like the one issued on Friday, were issued on June 26.  Both decisions, like the one issued on Friday, were authored by Justice Anthony Kennedy.

Justice Kennedy was looking for a legacy.  It appears he has one as the justice who led the way on issues of concern for homosexuals.  Sadly, his narcissism came at the expense of the U.S. Constitution.

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