In 2004, 76 percent of Oklahoma's voters voted to amend their state's constitution to define marriage as the union of a man and a woman. On Jan. 14, 2014, U.S. District Judge Terence Kern ruled the amendment unconstitutional.
In 2004, 66 percent of Utah's electorate voted to amend their state's constitution to define marriage as between a man and a woman. On Dec. 20, 2013, U.S. District Judge Robert J. Shelby ruled the amendment unconstitutional.
In 2004, 75 percent of Kentucky's voters amended their state's constitution to define marriage as between a man and a woman. On Feb. 12, 2014, U.S. District Judge John G. Heyburn II "struck down part of the state ban that he wrote treated 'gay and lesbian persons differently in a way that demeans them'" (Washington Post).
In 2008, 52 percent of California's voters amended their state's constitution to define marriage as between a man and woman. On August 4, 2010, U.S. District Judge Vaughn Walker ruled that vote unconstitutional.
There is no doubt that federal judges will continue to do this throughout the country. Even the vote of 81 percent of Alabama voters will count for nothing to some federal judge.
Society may no longer define marriage in the only way marriage has ever been defined in the annals of recorded history. Many societies allowed polygamy, many allowed child marriages, some allowed marriage within families; but none in thousands of years defined marriage as the union of people of the same sex.
None of this matters to these judges or to all those who seek to re-define marriage and can't convince a majority of their fellow citizens to agree.
For them, it is identical to ruling that laws that banned interracial marriages were unconstitutional. But that argument is utterly flawed. First, the analogy is false because there is no difference between black people and white people, while there are enormous differences between males and females. Second, no great moral tradition or thinking ever forbade interracial marriages (inter-religious marriages were sometimes forbidden). Moses, for example, married a black woman, and neither the Bible nor God hinted that it was wrong.
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