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Posted on Apr 26, 2015 |

Gay Marriage and the Supreme Court

Gay Marriage and the Supreme Court

Dr. Ryan T. Anderson; photo courtesy The Heritage Foundation.

Dr. Ryan T. Anderson; photo courtesy The Heritage Foundation.

“What You Need to Know about Gay Marriage and the Supreme Court,” by marriage advocate and Catholic Dr. Ryan T. Anderson, was published April 21st on The Daily Signal web site from The Heritage Foundation. Oral arguments begin Tuesday at the Supreme Court for six gay marriage cases from Ohio, Kentucky, Michigan, and Tennessee, including one from Cincinnati resident Jim Obergefell. Obergefell and his legal team left Cincinnati Friday from City Hall, where Cincinnati Mayor John Cranley (a Catholic) and other politicians appeared with him in support of redefining marriage.

One week from [April 21st], the Supreme Court will hear oral arguments about gay marriage. Here’s what you need to know.

1. There simply is nothing in the U.S. Constitution that requires all 50 states to redefine marriage. Whatever people may think about marriage as a policy matter, everyone should be able to recognize the Constitution does not settle this question.

Unelected judges should not insert their own policy preferences about marriage and then say the Constitution requires them everywhere.

2. The overarching question before the Supreme Court is not whether a male–female marriage policy is the best, but only whether it is allowed by the Constitution. The question is not whether government-recognized same-sex marriage is good or bad policy, but only whether it is required by the Constitution.

Those suing to overturn male-female marriage laws thus have to prove that the man–woman marriage policy that has existed in the United States throughout our entire history is prohibited by the Constitution. They cannot successfully so argue.

3. As Supreme Court Justice Samuel Alito pointed out two years ago, there are two different visions of what marriage is on offer. One view of marriage sees it as primarily about consenting adult romance and care-giving. Another view of marriage sees it as…

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