Friday 21 June 2013

Marriage, Democracy, and the Court

President Obama instructed Attorney General Eric Holder not to defend the Defense of Marriage Act (DOMA), which Congress passed in 1996. The governor of California told the state’s attorney general to do the same with respect to Proposition 8, which was passed by popular vote of the citizens of California.

This is a scandalous dereliction of duty. The abdication of the constitutional responsibility to defend the laws passed by citizens and their elected representatives sets a disturbing precedent. Their inaction also distorts the balance of powers among the legislative, executive, and judicial branches of government. This tactic allows the executive branch to effectively veto any duly enacted law, simply by refusing to defend it against a constitutional challenge.

Whatever your views on the policy merits of redefining marriage, all Americans should be loud and clear on this: Activist courts shouldn’t silence the voices and votes of citizens. There is nothing in the text, history, logic, or structure of the Constitution that requires the redefinition of marriage.


Read more at the National Review.

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