Unfortunately, activist judges and some local officials have made an aggressive attempt to redefine marriage in recent years. Since 2004, state courts in Washington, California, Maryland, and New York have overturned laws protecting marriage in those states. And in Nebraska, a federal judge overturned a state constitutional amendment banning same-sex marriage.
These court decisions could have an impact on our whole Nation. The Defense of Marriage Act declares that no state is required to accept another state's definition of marriage. If that act is overturned by activist courts, then marriages recognized in one city or state might have to be recognized as marriages everywhere else. That would mean that every state would have to recognize marriages redefined by judges in Massachusetts or local officials in San Francisco, no matter what their own laws or state constitutions say. This national question requires a national solution, and on an issue of such profound importance, that solution should come from the people, not the courts.
An amendment to the Constitution is necessary because activist courts have left our Nation with no other choice. The constitutional amendment that the Senate will consider next week would fully protect marriage from being redefined, while leaving state legislatures free to make their own choices in defining legal arrangements other than marriage. A constitutional amendment is the most democratic solution to this issue, because it must be approved by two-thirds of the House and Senate and then ratified by three-fourths of the 50 state legislatures.
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