The debate over the definition of marriage has unfolded across America and at the federal level for the past several years, and is the subject of the proposed amendment on the November 2012 ballot to preserve marriage in Minnesota.
But what is the debate really about, how does it affect society and what is at stake in the outcome of the amendment vote?
Many people mistakenly believe that proposals to allow so-called “same-sex” marriage are about allowing a new, different and separate form of marriage to coexist alongside traditional man/woman marriage. They envision it as a different expression of the same marriage institution they have always known.
However, that is a fundamental misunderstanding of the legal issues involved in the debate, and with the proposed constitutional amendment in Minnesota.
What is at stake in this debate are two competing definitions of marriage. One definition – advocated by gay “marriage” activists – would define marriage as the union of any two people regardless of gender, with the law treating the parties’ genders as irrelevant to the meaning of marriage. The other definition, contained in the proposed constitutional amendment and reflective of the collective understanding of virtually every nation throughout recorded history, is that marriage is the union of one man and one woman.
Under the law, one definition of marriage would not exist alongside the other. Only one of the competing definitions of marriage would legally exist. As noted in a scholarly review published in the Harvard Journal of Law and Public Policy, “…once the judiciary or legislature adopts ‘the union of any two persons’ as the legal definition of civil marriage, that conception becomes the sole definitional basis for the only law-sanctioned marriage that any couple can enter, whether same-sex or man-woman. Therefore, legally sanctioned genderless marriage, rather than peacefully coexisting with the contemporary men-woman marriage institution, actually displaces and replaces it.”
Why has virtually every society throughout history defined marriage as the union of one man and one woman? The answer can be summarized in one word: children.
Protecting the interests of children is the primary reason that government regulates and licenses marriage in the first instance. After all, government does not license or regulate any other form of intimate relationship – not friendship, or dating, or cohabitation. People are free, under the law, to live as they choose, cohabitate with whomever they choose and engage in sexually intimate relationships with whomever they choose – all without any governmental recognition or regulation.
But marriage is a special relationship reserved exclusively for heterosexual unions because only the intimate relationship between men and women has the ability to produce children as a result of that sexual union.
Marriage serves a vital and universal societal purpose – to channel biological drive and sexual passion that might otherwise become socially destructive into enduring family units that have the best opportunity to ensure the care and education of any children produced by that biological drive and sexual passion. Indeed, the United States Supreme Court has said that marriage is, “fundamental to the very existence and survival of the [human] race.” The noted British philosopher Bertrand Russell (hardly a conservative – Russell was a liberal anti-war activist and socialist) said, “But for children, there would be no need of any institution concerned with sex…It is of children alone that sexual relations become of importance of society, and worthy to be taken cognizance of by a legal institution.”
By encouraging men and women to marry, society helps ensure that children will be known by and cared for by their biological parents. Whenever a child is born, her mother will almost always be nearby. But the same cannot always be said of her father. Men, especially, are encouraged to take responsibility for their children through the institution of marriage. Marriage is society’s mechanism of increasing the likelihood that children will be born and raised by the two people responsible for bringing them into the world – their mother and father.
While death and divorce too often prevent it, the overwhelming body of social science evidence establishes that children do best when raised by their married mother and father. Simply stated, children need both a mother and a father. No matter one’s view of homosexual “marriage,” it is undeniable that every child born into a same-sex relationship is intentionally denied the love and affection of one of her biological parents.
David Blankenhorn, president of the Institute for American Values and a self-described liberal Democrat, said of marriage, “[M]arriage is a gift that society bestows on its next generation. Marriage (and only marriage) unites the three core dimensions of parenthood – biological, social and legal – into one pro-child form: the married couple. Marriage says to a child: The man and woman whose sexual union made you will also be there to love and raise you. Marriage says to society as a whole: For every child born, there is a recognized mother and father, accountable to the child and to each other.”
Fundamentally, same-sex marriage advocates propose to shift the marriage paradigm away from what definition of marriage is best for society – especially for children – and squarely onto the desires of the individual adults who seek to marry. Under a genderless definition of marriage, the interests of children – and therefore society’s intrinsic interest in marriage – is eliminated entirely. Only the wishes of the two adults in question matter.
When a court or a legislature adopts a genderless definition of marriage, legal experts warn (and actual experience from other states and countries confirms) that there will be profound consequences for society. Those people who refuse to accept this redefinition of marriage will be punished by the law. Churches and religious organizations can lose their tax exemptions and be forced to abandon their core moral principles or face punishment. Individuals, small businesses and groups will be subjected to lawsuits and regulatory action if they refuse to condone the “new” understanding of marriage. Perhaps most profoundly, children at a very young age will be taught in school that marriage is between any two adults, no matter what they have been taught at home, in church or in their ethnic traditions. Under the law, those who believe otherwise will be treated as the legal and moral equivalent of bigots. [To learn more about the consequences of redefining marriage, click here.]
What is at stake with the outcome of the vote on the proposed marriage amendment?
First, of course, is which of the two irreconcilable and conflicting definitions of marriage will be the only form of marriage legally recognized in Minnesota.:
The amendment preserves Minnesota’s historic and traditional definition of marriage as the union of one man and one woman – the same definition adopted by voters in every state to consider the question (31 of 31 states have voted to define marriage in this way), adopted by a bi-partisan majority in Congress and signed into law by President Clinton, and adopted by virtually every society in every nation to ever live, from the ancients to current times.
Additionally, passage of the marriage amendment ensures that the people of Minnesota themselves, and not activist judges or politicians, decide how our state will define marriage in the future.
Without a marriage amendment in our constitution, activist judges can substitute their values for those of the people of Minnesota. This is exactly what happened in Iowa, Massachusetts and California. Similarly, legislators can redefine marriage without the permission of the people, as several legislators in Minnesota have pledged to do. The marriage amendment ensures that if activists want to redefine marriage in the future, they must receive the approval of voters to do so.
Marriage as the union of one man and one woman is in the public good. It serves the interests of men and women, of children, and of society itself. The marriage amendment on the November 2012 ballot gives voters the opportunity to preserve this special institution.
