A Good Day for Marriage
Given my growing involvement in the grassroots effort to support the protection of marriage via the Virginia Marriage Amendment, I continue to have too little time to blog (itâ€™s a matter of priorities I suppose). However, I did want to take a few seconds to post the news that the overwhelming will of the people of Georgia has been restored and their Marriage Amendment (which passed by 76%) has been reinstated... as well as the news that New York dodged a bullet with a 4-2 decision rejecting same-sex marriage advocates' litigation urging New York's highest court to legislate from the bench and redefine marriage to no longer mean the union of a man and woman. While it is always refreshing to see a court (particularly in the Northeast) understand its role is not to create new law/policy, there can be no doubt that those in favor of redefining marriage will continue to bring litigation challenging the definition of marriage- we will continue to be unnecessarily vulnerable even here in Virginia.
The only way we can get past the point of having to hold our breath each time a state court addresses this issue is to pass a Marriage Amendment. Thankfully we here in Virginia will have just that opportunity come November.
In New York, the Court of Appeals said in a 4-2 decision that the state's marriage law is constitutional and clearly limits marriage to a union between a man and a woman.
Any change in the law would have to come from the state Legislature, Judge Robert Smith said.
"We do not predict what people will think generations from now, but we believe the present generation should have a chance to decide the issue through its elected representatives," Smith wrote.
The New York decision said lawmakers have a legitimate interest in protecting children by limiting marriage to heterosexual couples and that the law does not deny homosexual couples any "fundamental right" since same-sex marriages are not "deeply rooted in the nation's history and tradition."
You can read the entire ruling here (rulings 86-89).
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