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Voice of the People

Apr. 11, 2013 @ 12:11 AM

There is no right to same-sex marriage

On March 26, the Supreme Court heard arguments regarding the validity of an amendment to the California State Constitution that declares that only a union between one man and one woman may be recognized as a marriage in California. This amendment merely declares what has been recognized as true since the beginning of human history: that marriage is a union between a man and a woman.

The dispositive issue before the court is whether the people of California have the power to determine what constitutes a marriage for purposes of California law. Those opposing the amendment contend that it denies "equal protection of the laws" to same-sex couples by refusing to recognize their right to marry, while recognizing the right of heterosexual couples to marry.

This argument presumes that a right to same-sex marriage exists. From whence cometh such alleged right? Before ratification of the U. S. Constitution, the states possessed all the powers of sovereign nations. They all recognized and regulated traditional marriage between men and women. None recognized a right to same-sex marriage. Sexual relations between persons of the same sex were universally condemned and punished as crime. No provision of the U. S. Constitution addresses the right of marriage.

On ratification of the Constitution, the states delegated to the federal government specifically enumerated powers, reserving all powers not enumerated to themselves. The power to define and regulate marriage was not delegated and, therefore, such power remains in the states or in the people. The people of California got it right: there is no right to same-sex marriage.

But does the Supreme Court have the courage to say so, or will it rule otherwise on the basis of political correctness?

Lawrence L. Pauley




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