Marriage
I believe marriage is a decision about how society organizes itself. As we currently have chosen to structure marriage it is bound up in the union of families, the passing on of things families hold sacred, and the care and welfare of women and children.
I believe that marriage should be between one man and one woman. I believe that is clearly within the authority of our legislatures to make laws supporting such fundamental structures of our society.
As I observed my wife over our years of marriage and childrearing it became apparent that a child takes 5 years of a woman’s life. From that time in pregnancy when a woman becomes heavily pregnant through infancy and toddlers, a child just takes a woman’s time.
In bearing children, the union of genes and family characteristics become something that is passed on, generation to generation.
If society chooses to make such choices about what it values then our judiciary should respect that. Marriage is not just an issue of commitment or “love.” Rather it is an issue of how a nation chooses to live its life, that of bearing and raising children, how we pass on things from generation to generation, and how we care for the elderly.
Creating a new “right” out of whole cloth is not in the charter of the judiciary.
The endpoint of a judiciary that can declare whatever they choose to be a “right,” is an ineffective legislative branch that can be trumped at every turn. I believe that our constitution gives Congress the tools it needs to deal with this provided Congress has the will to do so.
The fundamental crux of those who would change this lies in the benefits of taxation and passing on of property given to married couples and the care and welfare of the infirm and aged.
Oddly, some legislation, such as the Health Information Privacy Protection Act (HIPPA) is another aspect of this. If you haven’t seen an officious hospital staffer tell someone that information can’t be released “because,” you won’t understand this point.
Yet how far must society go? Can the courts be trusted to restrain themselves from continuing to slice the apple different ways?
It is as if the courts believe the Walt Disney theme that “love conquers all” and the details and hard work of love, marriage, and childrearing are not relevant to how society chooses to structure itself.
This issue must be wrestled within the legislative branch and the result found fair and just. The judiciary just cannot get it right because of its broad scope and impacts on the fabric of our society.