One of liberals’ favorite Alinskyite defense mechanisms is to ridicule the opposition if confronted with some irrefutable argument against some hallowed left-wing delusion. Such is the tactic employed whenever a thinking person walks into the room and points this out: Once the government pretends that some vague combination of “love” and “consent” are all that a “marriage” requires, then other “arbitrary” and “discriminatory” parameters beyond a binary male-female prerequisite must also go poof.
That is to say, if the Court magically divines some constitutional right to “same-sex marriage,” then full “marriage equality” necessarily demands that polygamous, incestuous and any other equally aberrant nuptial cocktail be likewise permitted.
It’s a “no-brainer,” right?
To that end, I’m very concerned with the Supreme Court’s recent history of radically redefining that which cannot be redefined. Though examples abound, I’m thinking specifically, as concerns the topic at hand, of the Court’s 2003 holding in Lawrence v. Texas.
In Lawrence, the liberal majority, for the first time in history, radically redefined male-on-male sodomy – hitherto classified “a crime against nature” – as a “constitutional right.”
In his characteristically brilliant dissent, Justice Antonin Scalia voiced my concerns better than I can: “State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality and obscenity are likewise sustainable only in light of Bowers’ validation of laws based on moral choices,” he wrote. “Every single one of these laws is called into question by today’s decision.”
So, if the high court removes one natural marriage parameter for one special-interest group, then “equal protection under the law” requires that it remove all natural marriage parameters for all special-interest groups.
Liberty Counsel made these very points in a friend-of-the-court brief filed with the Supreme Court: “Ultimately, there is no principled basis for recognizing a legality of same-sex marriage without simultaneously providing a basis for the legality of consensual polygamy or certain adult incestuous relationships,” noted the brief. “In fact, every argument for same-sex marriage is an argument for them as well.”
Another brief filed by 18 state attorneys general voiced similar concerns: “Once the natural limits that inhere in the relationship between a man and a woman can no longer sustain the definition of marriage, the conclusion that follows is that any grouping of adults would have an equal claim to marriage,” they wrote.
The brief further observed the self-evident “no-brainer” that legitimate marriage is “optimal for children and society at large.”
It’s all very simple. If anything is marriage, then everything is marriage. And if everything is marriage, then nothing is marriage at all. “‘Marriage equality’ becomes ‘marriage elasticity,’ with the ultimate goal of ‘marriage extinction.’”
I sincerely hope that the honorable and learned men and women who sit on the highest bench in the land recognize that all of these San Francisco-style social-engineering games are a deceptive means to a destructive end. And it’s not the emotionalist end they’ve dolled-up and dished out. The left’s fierce push for “gay marriage” has nothing to do with “marriage equality” and everything to do with “marriage extinction.”
Or, as Ms. Gessen candidly put it: “[I]t’s a no-brainer that the institution of marriage should not exist.”
I just pray that at least five justices still think it should.
Matt Barber is founder and editor-in chief of BarbWire.com. He is an author, columnist, cultural analyst and an attorney concentrating in constitutional law. Having retired as an undefeated heavyweight professional boxer, Matt has taken his fight from the ring to the culture war. (Follow Matt on Twitter: @jmattbarber).