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Bans of Matrimony

Gerard V. Bradley & William L. Saunders

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A Constitutional Amendment Is the Only Way to Protect Marriage

The legal revolution in favor of same-sex "marriage" has been uncommonly swift. In the nineteenth century, it took the federal government four decades to effectively prohibit polygamy in Utah. By 1856, one national political party (the Republicans) had a platform plank denouncing polygamy, along with slavery, as a "relic of barbarism," but decisive action came only with the Supreme Court cases in the 1890s.

Smashing Victory

Starting in 1896, it took civil rights lawyers nearly sixty years to undo the constitutional doctrine of "separate but equal" facilities for African-Americans, the doctrine established in Plessy v. Ferguson in 1896 and not overturned until Brown v. Board of Education in 1954 (a decision that featured so prominently in the Senate hearings on the nomination of John Roberts to be Chief Justice). It took thirteen more years, from 1954 to the Loving v. Virginia decision in 1967, to persuade the Supreme Court that putting people in jail for marrying someone of a different color was unconstitutional.

In less time than that, lawyers for homosexuals have taken same-sex "marriage" from an exotic suggestion to a smashing victory in the Massachusetts case Goodridge v. Department of Health in 2003. The judges there declared that "extending civil marriage to same-sex couples reinforces the importance of marriage to individuals and communities" (emphasis supplied).

Read the entire article on the Touchstone website (new window will open).

Posted: 02-Nov-05



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Copyright 2001-2014 OrthodoxyToday.org. All rights reserved. Any reproduction of this article is subject to the policy of the individual copyright holder. See OrthodoxyToday.org for details.


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