In other words, Americans have been engaged in that most American of activities—voting. While the public square is by no means a perfect solution for all of our societal issues, it is working within the realm of marriage. Americans are vigorously engaged in debating and understanding the meaning of marriage, and the legislative actions in almost every state confirm this.
While the obvious role of our courts is to address legitimate constitutional issues, whether marriage should be redefined to include relationships that cannot offer the same societal benefits as relationships between a man and a woman is not one of them. No other relationship joins together the two opposite halves of humanity into an enduring, procreative union for the benefit of all of society. And, while not every couple has a child, every child has a mother and a father.
This is why the Supreme Court has characterized marriage as “fundamental to our existence and survival.” And because marriage is so unique, no other relationships qualify as “similarly situated” to the uniting of a man and a woman, and thus no other relationships trigger “equal protection” analysis under the Constitution.
As recent history has shown, marriage has truly become a vital matter “of the people, by the people, [and] for the people.” Let us not, then, usurp the dynamic development of democratic debates with pleas for a judicial directive.
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