Tag archives: Marriage

The Tenth Circuit’s Kitchen v. Herbert Flubs Fundamental Rights Analysis

by Chris Gacek

June 26, 2014

Yesterday, the U.S. Court of Appeals for the Tenth Circuit affirmed a federal district court’s decision striking down the definition of marriage found in Utah’s constitution. That definition limited Utah marriages to the union of one man and one woman. It was approved by referendum in November 2004 with 65.9% of the vote. In Kitchen v. Herbert, a 2-1 majority court struck down that definition by concluding, among other things, that there is a fundamental right to enter into a same-sex marriage. There is much more to the decision, but this note will focus on this key aspect of opinion.

As the U.S. Supreme Court instructed in Washington v. Glucksberg, 521 U.S. 702 (1997), the Due Process Clause of the Fourteenth Amendment guarantees more than fair process. It “also provides heightened scrutiny against government interference with certain fundamental rights and liberty interests.” Id. at 720. But, how does one determine what rights and interests are “fundamental?” Glucksberg is the key case in setting forth the constitutional law in this area.

Paul Linton summarized the Glucksberg standard in the Family Research Council’s amicus brief in Kitchen (pp. 3-5) (edits to text, notes, and citations have been made below):

In determining whether an asserted liberty interest (or right) should be regarded as fundamental for purposes of substantive due process analysis under the Due Process Clause of the Fourteenth Amendment[] (infringement of which would call for strict scrutiny review), the Supreme Court applies a two-prong test. First, there must be a “careful description” of the asserted fundamental liberty interest. Washington v. Glucksberg, 521 U.S. 702, 721 (1997). Second, the interest, so described, must be firmly rooted in “the Nation’s history, legal traditions, and practices.” Id. at 710. ….

As in other cases asserting fundamental liberty interests, it is necessary to provide a “careful description” of the fundamental liberty interest at stake. For purposes of substantive due process analysis, therefore, the issue here is not who may marry, but what marriage is. The principal defining characteristic of marriage, as it has been understood in our “history, legal traditions, and practices,” is the union of a man and a woman. Properly framed, therefore, the issue before this Court is not whether there is a fundamental right to enter into a marriage with the person of one’s choice, but whether there is a right to enter into a same-sex marriage. ….

This is the point at which the majority opinion runs off the rails. It dodges the hard edge of Glucksberg requiring a tight, accurate definition of the claimed right. The Kitchen court goes in another direction asserting baldly (p. 35), “But we cannot conclude that the fundamental liberty interest in this case is limited to the right to marry a person of the opposite sex.” They cannot do so because they will not to do so.

Of course, there is a fundamental right to marry a person of the opposite sex. See Loving v. Virginia, 388 U.S. 1, 87 S. Ct. 1817 (1967). And, homosexuals are not precluded from marrying in any state. But, what is this national debate about? It is about the definition of marriage. Homosexual men and women assert that the laws of over thirty states should be nullified because, among other things, there is a fundamental right to marry members of the same sex. Furthermore, all states must be compelled to recognize male-male and female-female marriages.

Returning to the Glucksberg test it is manifestly clear that there is no such fundamental right, for it must be deeply embedded in “the Nation’s history, legal traditions, and practices.” How can this be possible with the claimed fundamental right to same-sex marriage? There is nothing about it that is firmly grounded in this country’s history, legal tradition, and practices. There were no same-sex marriages anywhere in the United States until the 21st Century.

Google is older than same-sex marriage.

There is a Supreme Court case that is instructive here, and it is Baker v. Nelson, 409 U.S. 810 (1972). Much blood in the same-sex marriage debate has been spilled over this case. In Baker, the Supreme Court dismissed an appeal from a decision by the Minnesota Supreme Court which had rejected arguments for same-sex marriage similar to those being considered presently in our courts. Baker v. Nelson, 291 Minn. 310, 191 N.W.2d 185 (1971).

The U.S. Supreme Court declined the invitation to consider the matter stating that there was a “want of a federal question.” It has been argued that Baker precludes lower federal courts from even considering these issues, but federal courts have brushed aside those arguments, especially in the post-Windsor environment. It should be noted that the dissenting judge in Kitchen did accept this argument. Judge Kelly would have dismissed the case and left it for the U.S. Supreme Court to decide whether it wanted to revisit this area of the law. That seems like the correct approach.

Laying aside the argument that Baker requires a dismissal by lower courts, Baker is highly instructive in answering whether any claimed right to same-sex marriage is “fundamental.”

In 1972, the fundamental right argument was presented to the U.S. Supreme Court, and it was rejected – as it had been in Minnesota. Because Glucksberg tells us that fundamental rights must be rooted in our nation’s legal history and traditions, such a right should have been extant only forty-two years ago when the Supreme Court considered the Baker appeal. Fundamental right questions are dyadic – you either have one, a 0, or not, a 1. Baker gives us the Supreme Court’s answer in 1972: 0. Both courts had the constitutional issues presented in a manner we would recognize today. The Minnesota Supreme Court quoted Loving noting “there is a clear distinction between a marital restriction based merely upon race and one based upon the fundamental difference in sex.” Baker, 291 Minn. at 315 (concluding the court’s equal protection analysis and discussing Loving).

Thus, the Baker Court had the core legal concepts and precedents before it that we now routinely see in same-sex marriage litigation (e.g., fundamental rights claim, arguments based on Loving), and it dismissed the appeal.

Of course, there are equal protection arguments to also consider, but one must reasonably conclude that the Kitchen majority’s fundamental rights analysis fails badly. This point is underscored by footnote 4 of the FRC amicus brief in Kitchen which provides a lengthy list of courts that have rejected the argument that any fundamental rights (Due Process) analysis supports the claims of the Utah plaintiffs challenging the state’s natural marriage definition.

Press Release: Courts Will Not Have Final Say on Marriage

by FRC Media Office

June 25, 2014

WASHINGTON, D.C.- Family Research Council (FRC) President Tony Perkins released the following statement in response to two rulings today - one being a two-to-one ruling from a 10th Circuit Court of Appeals panel striking down Utah’s marriage amendment and another one from a federal judge striking down Indiana’s Defense of Marriage Act:

While disturbing, today’s rulings come as no surprise given the rising disdain for the rule of law promoted by the Obama administration. These latest rulings are not just about redefining marriage but they are a further attempt by the courts to untether our public policies from the democratic process, as well as the anthropological record.

While judges can, by judicial fiat, declare same-sex ‘marriage’ legal, they will never be able to make it right.  The courts, for all their power, can’t overturn natural law. What they can do is incite a movement of indignant Americans, who are tired of seeing the foundations of a free and just society destroyed by a handful of black-robed tyrants. The Left has long believed packing the federal courts with liberal jurists is the means of fulfilling a radical social agenda, as the American people refuse to endorse that agenda at the polls or through their elected representatives.

As we saw with Roe v. Wade in 1973 - despite the Left’s earnest hopes, the courts do not have the final say. The American people will have the final word as they experience the consequences of marriage redefinition and the ways in which it fundamentally alters America’s moral, cultural and political landscape,” concluded Perkins.

Three Reasons Why It Is Wrong to Assume the Supreme Court Will Redefine Marriage

by Peter Sprigg

June 25, 2014

Two more federal courts have now ruled that the natural definition of marriage as the union of one man and one woman violates the U.S. Constitution—a District Court in Indiana, and the U.S. Court of Appeals for the Tenth Circuit in a case out of Utah.

There is a growing consensus among the liberal elites that it is “inevitable” that the U. S. Supreme Court will eventually declare a constitutional “right” to marry someone of the same sex. Here are three quick reasons to believe they are wrong:

1) The Court was already asked to declare such a right last year—and it refused. The supposed legal superstars Ted Olson and David Boies teamed up to challenge California’s Proposition 8 before the Supreme Court—but that case, Hollingsworth v. Perry, ended with a whimper instead of a bang. The Court issued a narrow technical ruling that the proponents of Proposition 8 did not have legal standing to defend it in Court in place of state officials, who refused to do so. This ruling had the end result of allowing same-sex “marriages” to resume in California, but it established no precedent at all.

If it were clear to a majority of the Court that the U.S. Constitution requires states to allow same-sex “marriages,” it would have been easy enough to declare as much last year. The fact that they did not may indicate at least some reluctance to do so.

2) In the case of U.S. v. Windsor, the Supreme Court did strike down the federal definition of marriage as the union of a man and a woman in the federal Defense of Marriage Act (DOMA). However, that decision was based largely on DOMA’s deviation from the tradition of the federal government deferring to state definitions of marriage. That same tradition would suggest that the Court should allow states to continue defining marriage as they choose.

3) When the current flurry of federal court decisions redefining marriage began last year, several of the lower courts involved refused to even issue a stay of their ruling pending appeal. However, the Supreme Court did issue such stays—suggesting that they are not in nearly so much of a rush to get same-sex couples to the altar or the justice of the peace as other judges are.

I’m not making bets or even predictions as to what the Supreme Court will do if and when one of these new cases reaches them. The court has issued bad, unjustified, unprecedented decisions before. I am just pointing out that there is reasonable evidence to suggest that the Court is not eager to overturn the very constitutions of a majority of these United States.

FRC Files Amicus Brief in Michigan Same-Sex Marriage Case

by Chris Gacek

May 15, 2014

There seem to be more legal challenges to state laws proclaiming natural marriage than there are stars in the sky. One of these, DeBoer v. Snyder, arises out of Michigan. In DeBoer, a federal district court declared Michigan’s natural marriage definition to be unconstitutional.  The decision was appealed by Michigan to the U.S. Court of Appeals for the Sixth Circuit, and the Family Research Council has filed a friend of the court brief in this appeal.  The brief was written by Paul Linton, a highly regarded constitutional appellate attorney, who submitted the brief on FRC’s behalf last week on May 9th.

The amicus brief focuses on two general arguments.  First, it maintains that the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution does not create a fundamental right to marry a person of the same sex. Second, Michigan’s definition of marriage is reasonably related several legitimate state interests, most notably, its promotion of responsible procreation. Thus, Michigan marriage law satisfies the “rational-basis” review required by constitutional equal protection analysis.  For these reasons, the district court’s decision should be reversed.

Kirsten Dunst Is a Good Sociologist

by Rob Schwarzwalder

April 21, 2014

I know virtually nothing about contemporary stars and starlets, other than having consistently to turn away from the images of the substantially disrobed young “entertainers” displayed on the jumbotron across from my office in advertisements for their latest performances. Pornography, by any other name, ain’t art.

But I’m aware of the actress Kirsten Dunst for two reasons: Her memorable performance as a child in 1994’s “Little Women” and the fact that “Dunst” is a fine German name, not unlike my own (she apparently has dual U.S. and German citizenship; warum nicht?).

Now, however, Ms. Dunst is much in the news for having the audacity to say what she thinks of gender roles, to wit:

I feel like the feminine has been a little undervalued … We all have to get our own jobs and make our own money, but staying at home, nurturing, being the mother, cooking – it’s a valuable thing my mum created. And sometimes, you need your knight in shining armour. I’m sorry. You need a man to be a man and a woman to be a woman. That’s why relationships work”.

Wow - how revolutionary! The idea that gender is not a social construct but actually has to do with biology, neurology, morphology, physiology, etc. is an affront to the received orthodoxy of the feminist left, many of whom have piled-on with a predictable combination of derision, illogic, non-sequitur reasoning, and obscenity.

Yet Ms. Dunst’s view corresponds with the science far more than do the opinions of her attackers. Consider the words of Oxford-trained neuroscientist Zeenat Zaidi: “Studies of perception, cognition, memory and neural functions have found apparent gender differences. These differences may be attributed to various genetic, hormonal, and environmental factors and do not reflect any overall superiority advantage to either sex”.

So, men and women are different, and being a stay-at-home mother who cares for her children is something to be honored, not scorned: For affirming these self-evident truths, Ms. Dunst is being labeled “dumb” and ‘insufferable,” among the more printable adjectives.

Whatever the merits or demerits of her various film roles, Ms. Dunst has “committed truth” in the public square, and for this deserves strong support from those who believe that a child needs a male dad and a female mom, and that the distinctions between the two are immutable and beneficial.

So, to my fellow German-American Kirsten Dunst: Herzlichen Glückwunsch, fraulein. Können Sie Ihren Stamm Anstieg (sincere good wishes, young lady; may your tribe increase)!

For more FRC resources on male-female complementarity, see “Complementarity in Marriage” and “Truth is the Greatest Weapon

Who would want to get married today?

by Robert Morrison

November 25, 2013

With the mounting concerns over the “debacle” of ObamaCare, with Iran given permission to retain their nuclear program provided they “freeze” just certain portions of it, the world looks like a threatening place. So, who would want to marry and bring children into such a world, beset by economic worries, dogged by environmental concerns and living as we do under what President Kennedy called “a nuclear sword of Damocles”?

Well, things didn’t seem a whole lot brighter in 1978. Thirty-five years ago, my fiancee and I prepared for our wedding in San Francisco. The weather that entire week was gray and menacing. So somber was the mood. Hundreds of bodies were being returned to the Bay Area from Jonestown where people had been forced to drink poison Kool-Aid. The aftermath of that suicide cult hung over the city like a pall. Then, too the day after we exchanged our vows in dear old St. Paulus Evangelical Lutheran Church, we began our honeymoon in an Alpine village in Southern California’s San Bernardino Mountains. It was there we saw the news. San Francisco’s Mayor Moscone and Supervisor Harvey Milk had been assassinated.

The first good news we had from the outside world came on the third day of our getaway. We sat at a picnic table surrounded by snow-covered mountains and saw the newspaper headlines: “Pope on a Slope.” Pope John Paul II had been elected just six weeks earlier. There was great excitement around the world for this dynamic new leader on the world stage. Even as non-Catholics, we shared in the enthusiasm for the Polish Pope. Whoever heard of a Pope who skiied?

In the thirty-five years since that wedding day, we have had the usual portion of joys and sorrows. We have endured the loss of beloved parents and the death of a 16-year old cousin. We have had to cope with financial gains and losses. Was there something in those vows about for “not-so-richer or poorer”?

I had always been taught that a man should lay down his life for his wife. And I was prepared to do just that.

So imagine my surprise when I found my wife saving my life. I had just turned forty when I was stricken with a violent headache. It felt as if there were nine-inch nails being driven into my skull.

Rushed to the Emergency Room at Bethesda Naval Hospital, my wife, an officer in the Medical Service Corps, waited in the ER with our two small children for long hours for a diagnosis. Despite the lateness and the children crying in the summer’s heat, my wife pressed them to give me a spinal tap. The test results confirmed that I had viral meningitis.

Told there were no beds available for me at the hospital, my wife stubbornly refused to let me be taken to a local civilian hospital. She has often said that she wasn’t sure we had insurance for such treatment, but I know she did not want me taken to a place where she did not know the medical staff and their reputations. Emphatically, she told them she was a staff officer and knew there had to be a bed somewhere in the giant facility.

I awoke several days later in the Neuro Step-Down Unit. I was surrounded by dying patients. Naturally, I assumed I was one of them. It’s an experience you tend to remember.

Some time later, when I was out immediate danger, the navy doctors and my wife crowded around my hospital bed in their crisp, starched whites.

He’ll have short-term memory lapses. He’ll be emotional. And irritable,” they told her. Not skipping a beat, my beloved shot back: “And the difference I am supposed to notice in him is what?” One of the best ways to cross that threshold back from death’s door, I submit, is a good laugh.

Throughout our marriage — when children and grandchildren came and when we were earnestly praying for their safety — we remembered the words of that Polish Pope when he was first brought out onto the balcony of St. Peter’s in Rome. I had not heard the words, but read them from the clickety-clack of a teletype machine as it printed its message on a roll of yellow paper. I was on board our Coast Guard cutter, in the middle of the Bering Sea, about as far away from Rome as you can get.

The Pope spoke to the City and to the World and said:

Be Not Afraid!

Those words sustained us in our marriage. After four hundred twenty months of marriage, those are words I would still share with today’s young people: Trust in God and trust in your love for each other. Go ahead boldly and be not afraid.

French Resistance Determined, Undeterred

by Robert Morrison

April 29, 2013

Despite the action of the French Senate that redefined marriage last week, the advocates of true marriage remain determined and undeterred. Calling themselves La Manif pour Tous (Demonstration for All), these champions are taking their case to the French people.  They have scheduled another mass demonstration for Paris on May 26th. The international media—as always—is on the other side. Last week, they reported scattered clashes with police following the French legislature’s cave-in as a violent reaction.

France has a long history of street protests. And the French are well aware of the agents provocateurs—those who seek to use any scuffle as a pretext to bring violence to the streets. In this case, they could use such claims of violent protests to try to de-legitimize the genuinely popular uprising for marriage.

Part of this new movement is Les Veilleurs. These are French youth who gather nightly to share their love for literature, poetry, and music. These, in turn, have inspired Les Meres Veilleuses. These are mothers holding vigil for children’s rights to a mother and father and they are taking their case to the people. Les Veilleurs are described as a kind of “anti-Mai 68” movement.

This is very important. It was in May 1968, that the left staged a nationwide uprising that sought to bring down the government of President Charles de Gaulle. They very nearly succeeded. De Gaulle rallied the people of France to save the Fifth Republic—and in reality to save French democracy itself.

Still, those street radicals—especially Communist theorists and their sympathizers in the media—have had a huge influence in French life ever since. As in the U.S., street radicals took baths, donned coats and ties, and began their long march through the institutions.

Thus, we see soixante huitards (“sixty-eighters”) applauding this latest assault on the family and the future of France. They realize that the greatest barriers to Marxism have always been the family, the church, and small private firms. Thus, they need to crush all these mediating institutions. They seek to suppress resistance, using law and intimidation and their dominance in the media to achieve their results.

As in the U.S., with certain Republicans losing heart and throwing up their hands in fear or resignation, we saw some members of the conservative UMP opposition party cave in to pressures and vote for the end of marriage. There will be no opportunity for a French version of the TEA Party to make its will known in national legislative elections until 2017.

In the meantime, though, the Manif can look to the constitutional council to disallow some portions of the faux marriage law. And they can seek support in the 2014 municipal elections. Already, many mayors are announcing their refusal to bend to this latest assault on the families and future of France. They need our support (and our prayers).

Why should we Americans take such an interest in France? It was in 1979 that Pope John Paul II returned to his captive homeland. We saw then a million Poles crying out “We want God!” Prime Minister Margaret Thatcher and presidential candidate Ronald Reagan paid careful attention to what the Poles were saying. Together with the Pope, they began the long-overdue process of liberation of hundreds of millions of people shackled to Communism behind the Iron Curtain.

The left also took note. Following the collapse of the Soviet Union, they realize they cannot achieve Marxism through the secret police and the obvious oppression of a one-party dictatorship. But they believe they can achieve Socialism democratically by breaking down family, church, and family-owned businesses. This is the real objective of the left in America. It is what President Hollande seeks to do in France.

In France, however, President Hollande’s economic performance is yielding sparse results. His approval ratings have sunk to record lows in just one year. As the French economy stagnates, discontent rises.

We have everything to learn from the French, from their courage and conviction on the marriage issue. We should pay careful attention to how they frame this issue, too.

The French put children at the center of the debate. Everyone deserves a mother and a father, they say. It is a human right and a child’s greatest need.

The French have recognized that “womb prostitution” (called surrogacy here) is a form of exploitation of poor and vulnerable women. They have made this illegal in France. And one of their strongest arguments against ending marriage is that it will lead to more of this womb prostitution.

If the French resistance succeeds, it will give great inspiration to Americans. At our best, Americans were not ashamed to learn from such brilliant French thinkers as Montesquieu and Tocqueville. Today, we can take lessons from the Manif pour Tous!

Marchons, Concitoyens! Fellow citizens, let’s march!

I Gave up “The O’Reilly Factor” for Lent

by Robert Morrison

April 4, 2013

I gave up Fox’s “O’Reilly Factor” for Lent. It did my soul good. So I wasn’t watching when the modest and retiring New Yorker slammed us “Bible Thumpers” for having no arguments about preserving true marriage. But, of course, I later saw it all on the Internet.

Now, O’Reilly is digging in his heels. And when his sometime guest host, Laura Ingraham took him to task for his offensive statements, he berated her. “You’ve bought into this garbage,” he said. “I don’t have time for any of that,” he said, giving her the back of his hand.

I go back a long way with Bill O’Reilly. I remember well defending him ten years ago when the liberal thought police were after him. O’Reilly had made a remark about young minority men that some took to be racist. Speaking to donors at a fund raiser for an abstinence and character development organization, O’Reilly complained that the young men were late showing up. “I hope they’re not out in the parking lot stealing our hubcaps.”

What a howl went up then. Liberals demanded O’Reilly’s scalp. The 2003 charity event was a 1950’s-style sock hop. Everyone who grew up on Bill O’Reilly’s Long Island, as I did, had heard that jab a hundred times from homeroom teachers. “What are you doing, stealing hubcaps?” In those Happy Days, that was about the worst that could happen in a high school.

O’Reilly is no racist. He’s just a chooch—a wise guy.

I gave up O’Reilly when I tired of his phony populist shtick. He’s looking out for me? Right. He’s the tribune of “the folks?” As we say in New York: Gimme a break.

I was irritated at how rude he always was. Now, we New Yorkers have a problem there.

John Adams complained to Abigail in a letter when he first visited New York City in 1775. “They talk very loud, very fast, and all at once.” And he never met O’Reilly.

I was embarrassed when my kids said: “Dad, he’s just like you!” OK, I admit I do sometimes yell at the tube. But I wouldn’t treat real live liberals like that. I wouldn’t call any of our liberal friends or those in our pews pinheads.

As Family Research Council has reported, as Heritage Foundation and Ethics and Public Policy Center have shown, the reams of studies showing that the married family that worships regularly yields the best outcomes for children. This is especially important for poor children and minority children.

None of these public policy groups thumps the Bible. But none is willing to stomp on Jesus just to get five minutes on cable with Mr. Number One.

Intact families that worship regularly are the key to the success of millions of Asian immigrants. Four hundred Korean-Americans rode buses through the night to come to Washington for the March for Marriage. They came from Flushing, Queens, O’Reilly, your back yard! I was proud to stand with them.

O’Reilly should be commended for his good deeds—when he does them. I’m still grateful for his serving as Emcee for the organization that hosted that fundraiser ten years ago.

But Bill O’Reilly’s arrogant dismissal of the social science case for true marriage, and for the protection of the women and children who are suffering now and who will suffer more if marriage is ended is unacceptable. If he cared, he might find a perspective on true marriage that is even bold, fresh.

He combines arrogance with ignorance. Supine ignorance, as one might say. He doesn’t know because he doesn’t want to know. “I don’t have time to do any of that.”

One hour, O’Reilly. In one hour, even you could learn the case for true marriage. If you were really looking out for us.

But you don’t have time for that, O’Reilly. You’d rather bloviate. “The Factor” moves along, as you say. And it will move along without me.

Marching for Marriage

by Robert Morrison

March 28, 2013

I’ve been going to pro-life marches since 1981, so I’m getting used to the drill. Still, this week’s March for Marriage in Washington, D.C. promised to be different in many ways. It was slated to coincide with the U.S. Supreme Court’s oral arguments on the Defense of Marriage Act and on California’s Proposition 8. The media says Prop 8 was designed to “ban” homosexuals from marrying. It was designed for no such thing. As was the federal Defense of Marriage Act, Prop 8 was designed to protect an institution that is under attack.

The media puts us in the anti position. That’s typical. We’re said to be anti-abortion when we say we are pro-life. We have this odd notion that the child in the womb should not be killed. If we came out against hanging, I guess the media would call us anti-gravity.

I arrived early on the Mall for the March, so I ducked into the great red Smithsonian Castle for a cup of coffee. It was only $3.47. I sat down at a table to savor this monumental brew when an attractive blonde lady asked if she might join me. She had to charge her cell phone. Sure, I replied, and asked if she might be here for the March for Marriage.

Oh, that,” she said, rather dismissively and told me she had come to Washington from California for a conference this week. Happily, our conversation did not descend into a nasty spat. “I don’t know what I think about that issue,” she said, “but I know what my son thinks. He’s a journalism major at San Francisco State. Wants to be a combat journalist.”

Then she mentioned she had not been to Washington in five years and wanted to know what was new. Instead of belaboring my case for marriage, I decided to take another tack, I told her about the new Lincoln Cottage and the new Mount Vernon Museum and Visitors Center. That led to a nice chat about George and Martha Washington. I told her of Mary Weiss, a historical interpreter at Mount Vernon. She does “Lady Washington” and offers the best understanding we are likely to have of that amazing woman. That amazing wife.

I confessed that I wish I had studied the relationship between George and Martha Washington more earlier. What an incredible partnership their marriage was. I spoke of how Lady Washington risked death visiting the army camp every winter. Valley Forge and other winter quarters had many diseases, including smallpox. George had survived the deadly disease as a teenager visiting Barbados, so he had an immunity. Did she?

Without being too obvious about it, I made the case that the United States might very well not exist were it not for the great marriage of George and Martha Washington. We had been for two centuries a monarchical people.

Independence was more than Declarations and more than battles, it was also a state of mind. And having George and Martha Washington to take the place of King George III and Queen Charlotte was essential to our making that critical break.

We parted, Mrs. California and I, on pleasant terms. And we avoided any combat for her son to report.

Onto the Mall. I saw many old friends from the March for Life. But I saw so many new friends. It was amazing to see how many black, Hispanic, and Asian folks had come out for this one.

State Sen. Ruben Diaz harangued the crowd estimated at 5-8,000. Sen. Diaz is from New York. He spoke in Spanish. He crowed: “I’m black. I’m Hispanic. I’m against abortion. I’m against this homosexual stuff. And I’m a Democrat.” He added that he wins by 89% in his state senatorial district.

FRC’s Cathy Ruse put her case for marriage in more positive terms. She argued for true marriage by emphasizing the protection of children. So did Heritage Foundation’s Jennifer Marshall. Jennifer cited the 11-year old girl who testified for marriage in St. Paul, Minnesota.

We watched on the jumbotron as this precocious pre-teenager described her love and her gratitude toward her mother and then her father. Pointedly, she asked the state lawmakers in the Capitol: “Which one do I not need?” She asked the suddenly close-mouthed solons again: “Which one do I not need?”

Right. They had no answer. Moving through the crowd, I encountered a group of people from a Korean-American Church in Flushing, Queens. Four hundred of these faithful Christians had ridden all night on a bus to attend this march. Four hundred!

The GOP bigwigs are forever wailing about “outreach.” Every time they lose an election—which they seem to do effortlessly—they conduct “autopsies” on themselves, in public. Don’t try this at home. The party suits assure us they want to be more inclusive.

My advice to them is simple: Try going to church some Sunday morning. You’ll find you don’t need outreach. You could try inreach. In my pew, we have blacks, Hispanics and Asians. We exchange the handshake of peace every week. But I don’t see them as ethnic groups. They’re my friends. They’re my fellow worshipers.

Those faithful folks from that church in Flushing probably haven’t seen an ad for a Republican since Reagan in 1984. Reagan embraced these good people. The GOP bigs ignore them.

That’s why we say pro-life and pro-marriage are bridge issues, not wedge issues. They are the way for conservatives to talk to minority Americans—soon to be the majority.

Some on the left know that liberals are phonies on this issue. David Weigel of Slate, writes:

In his memoir, Democratic consultant Bob Shrum remembers John Kerry fretting that the Massachusetts Supreme Court had forced Democrats to talk about gay marriage before they were ready to. “Why couldn’t they just wait a year?” he asked Shrum, mournfully. The second camp consists of people who really do oppose the idea of gay people getting married. Republicans argued that this second camp was tiny, and that liberals were hiding behind it. They were right!

When we see dozens of Democrats abandoning their previously held positions and a few Republicans also willing to betray the voters who put them in office, it would be easy to become cynical about everyone in politics.

But we have to stand firm and push back. Marriage is a blessing to families. Three-quarters of the teen rapists in our prisons are fatherless young men, so are two-thirds of the teen murderers. Even gay martyr Matthew Shepherd was killed by two fatherless young men. Marriage bashes no one. Marriage benefits everyone.

We know that the marriage issue helped re-elect George W. Bush in 2004. I attended his historic speech in Pittsburgh the day before that re-election. I heard him give a strong endorsement for the pro-life and pro-marriage positions. I say his speech that day was historic. Re-elected the next day, we never heard another word from President Bush on life or marriage.

The Republican consultants and their party power brokers welcomed our votes. They never thought they’d have to actually stand up for what they assured us they believed.

We are seeing a great sorting out. We saw that early in the country’s life, too. Thomas Paine wrote about the sunshine soldiers and the summer patriots who cut and run when there was fighting to do.

These are the times that try men’s souls. Women’s, too. But it’s for our children and our grandchildren that we stand fast. On earth, there’s no better cause.

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