April 30, 2015
Traditional Marriage Will Win
by Mike McManus
I predict the Supreme Court will uphold traditional marriage,
by letting states decide for themselves whether to legalize same-sex marriage.
In the opening moments of the case Justice Anthony Kennedy asserted, “The word
that keeps coming back to me is `millennia.’ There has not been really time…for
the federal system to engage in this debate.” The first state to adopt same-sex
marriage was Massachusetts in 2004.
“I don’t even know how to count the decimals when we talk about millennia. This
definition (of marriage) has been with us for millennia. And it is very
difficult for the Court to say, `Oh well, we - we know better,’” Kennedy
Kennedy is considered the “swing” vote on this issue. He adopted the liberal
position on three more limited gay cases. He is clearly reconsidering.
Justice Antonin Scalia asked, “Do you know of any society, prior to the
Netherlands, in 2001 that permitted same-sex marriage?” Mary Bonauto, attorney
for same-sex couples, failed to cite any.
Scalia said the issue was not “whether there should be same-sex marriage, but
who should decide that point.”
Even liberal Justice Stephen Breyer said that traditional marriage between a man
and a woman “has been the law everywhere for thousands of years among people who
were not discriminating even against gay people, and suddenly you want nine
people outside the ballot box to require states that don’t want to do it to
change what marriage is to include gay people?
“Why can’t those states at least wait and see whether in fact doing so in the
other states is or is not harmful to marriage?”
Chief Justice John Roberts noted that Maine voted by referendum in 2009 to limit
marriage to one man and one woman. But in 2012 the state enacted same-sex
marriage. “That sort of quick change has been a characteristic of this debate.
But if you prevail here, there will be no more debate. Closing of debate can
close minds – and it will have a consequence on how this new institution is
“People feel very differently about something if they have a chance to vote on
it than if it’s imposed on them by – by the courts.”
Only three of the 37 states with same-sex marriage, voted for it in a
referendum, and eight more through legislative action. The other 26 states had
it imposed by a judge. Now the Supreme Court is being asked to make it
No wonder the justices hesitate.
John Bursch, attorney representing traditional marriage, argued that “This case
isn’t about how to define marriage. It’s about who gets to decide that question.
Is it the people acting through the democratic process, or is it the federal
However, Justices Breyer and Kennedy expressed sympathy with the gay
perspective. Breyer noted that since same-sex marriage is not possible in some
states, “They have no possibility to participate in that fundamental liberty.
That is people of the same sex who wish to marry. So we ask, why?” The only
answers he has heard is history and “certain religious groups do think it is a
Bursch replied that “the marriage institution did not develop to deny dignity or
give second class status to anyone,” but to bind “children with their biological
mom and dad.”
What he should have added is that children need both a mother and father – which
is impossible with same-sex marriage. Grace Evans, 11, asked a committee of
Minnesota’s Legislature, “Which parent do I not need – my mom or my dad?”
The Legislature ignored her and enacted same-sex marriage. Grace’s question
should be asked in every state. It was not asked of the Supreme Court.
Another question: why do so few gays and lesbians want to marry?
Two years after New York legalized same-sex marriage, there were only 12,200
same-sex marriages. If they are 1.7% of NY’s 19.6 million people, there are
333,000 who could have married. More than 90% chose not to do so.
Another question: Why should 7% of 1.7% of the population – force America to
Same-sex marriage harms children. Mark Regnerus, published a 2012 study in
Social Science Research noting that 69% of children aged 18-39 of a same-sex
relationship, were on welfare as children – four times the 17% of intact
families. And 38% of adult children of lesbians are currently on welfare vs. 10%
with married parents.
Worse, only 2% of those with married parents were touched sexually by a
parent, but 23% of those with a lesbian mother were.
The Supreme Court should leave the issue up to the states, and every state
should limit marriage to one man and one woman.
30+ Years / 1700+ Columns
2017: Column 1860: Cohabitation: A Growing Problem - Part I
Texting While Driving - A Killer
Why Have "Religious Nones" Tripled?
Norma McCorvey Roe of Roe v. Wade
The Worst Valentine: Cohabitation
Pornography: A Public Health Hazard
Christianity Gives Women Equal Opportunity
Sextortion Kills Teens
Assisted Suicide Is Growing
same sex marriage,
abortion and infanticide,