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Bench Memos

NRO’s home for judicial news and analysis.


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A House Divided

Lately I have been thinking of our national situation with respect to same-sex “marriage” as akin to what Abraham Lincoln in 1858 called the crisis of an America “half slave and half free” which was bound to “become all one thing, or all the other.”  The parallel is almost exact, as the high courts of Massachusetts and California have handed down decisions packed with lies about our fundamental political principles as bad as those told by Chief Justice Taney in the Dred Scott case.  Meanwhile the leading lights of one of our great parties, aided by the dominant cultural elites in the media and the universities, seek to “educate and mould public opinion . . . to not care whether” marriage is reserved for those couples naturally capable of it.  Barack Obama, meet Stephen Douglas.

Anyway, I was going to say a lot more along these lines.  And then I saw today that Bradley C.S. Watson had said nearly all of it in a superb article at ISI’s First Principles website.  This is must reading for those (like John McCain) who hesitate to support a federal constitutional amendment rescuing marriage in the United States.  And if you are still not convinced, see the sketch of a new strategy for foisting recognition of gay marriage on the country, by one of the lawyers leading the charge for it.  Steve Sanders makes an argument that would very probably be accepted by five members of today’s Supreme Court, if Anthony Kennedy were feeling adventurous enough.

Watson is right: “energy, and political courage” are needed in this fight to save the institution of marriage.

New on Bench Memos. . .


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