Debate Club

Unelected Supreme Court Shouldn't Impose Gay Marriage by Fiat

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The Supreme Court should respect the constitutional authority of the American people to determine marriage policy by affirming the Defense of Marriage Act. Forty years ago, the Supreme Court imposed abortion by judicial fiat in the infamous Roe v. Wade and made things much worse, instead of allowing the American people to debate and come to a consensus on such an important issue. The same is true for marriage. If same-sex "marriage" supporters want to overturn DOMA, as the law is known, let them lobby their elected officials, and they can do so. But for nine unelected judges to decide the matter for the entire nation is contrary to the balance of power envisioned by our Founding Fathers.

[See a collection of political cartoons on gay marriage.]

The task for us is to continue explaining the reasons why defining marriage as between a man and a woman is the right public policy, as society's least restrictive means to ensure the well-being of children. To deny as a matter of policy the ideal that a child needs a mom and a dad places the desires of adults over the needs of children and rejects the latest and most comprehensive research continuing to confirm what social science has shown for decades: children do better when raised by a mother and father.

Penny Nance

About Penny Nance President and CEO of Concerned Women for America

Tags
Supreme Court
LGBT rights
civil rights
marriage

Other Arguments

#1
36 Pts
DOMA Helps No One, While Harming Many

Yes – DOMA Helps No One, While Harming Many

Evan Wolfson Founder and President of Freedom to Marry

#2
29 Pts
DOMA Will Be Overturned: The Question Is How

Yes – DOMA Will Be Overturned: The Question Is How

Casey Pick Policy Fellow with the National LGBT Bar Association

#4
21 Pts
Same-Sex Couples Deserve Equal Protection Under the Law

Yes – Same-Sex Couples Deserve Equal Protection Under the Law

Chad Griffin President of the Human Rights Campaign

#5
15 Pts
The Undue Hardship Caused by DOMA Is Unconstitutional

Yes – The Undue Hardship Caused by DOMA Is Unconstitutional

Stacey Long Director of Public Policy and Government Affairs at the National Gay and Lesbian Task Force

#6
8 Pts
The Supreme Court Can't Unilaterally Change the Definition of Marriage

No – The Supreme Court Can't Unilaterally Change the Definition of Marriage

Chris Gacek Senior Fellow at the Family Research Council

#7
-28 Pts
No, Redefining Marriage Isn't Mandated by the Due Process Clause

No – No, Redefining Marriage Isn't Mandated by the Due Process Clause

John C. Eastman Chairman of the Board of the National Organization for Marriage

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