Announcements today and last week from the First and Ninth Circuit Courts have set the stage for the Supreme Court to weigh in concerning the central institution that has ordered society since before the advent of modern states.
Massachusetts v. HHS and Perry v. Brown represent two sides of the same activist coin in attempts to redefine marriage through the courts. This process strips power from citizens and the elected branches of government at both the state and federal levels to determine a question not directly addressed in the text of the U.S. Constitution, because the meaning of marriage was assumed.
As my co-authors and I recently explained, the current debate is not about who can marry, but about what marriage is. This question should not be answered by unelected and electorally unaccountable judges, but by citizens and their elected representatives.Continue reading on blog.heritage.org