Are monogamy-only laws unconstitutional?
Philosopher Francis Beckwith has posted a short, but incisive, comment on patheos.com concerning the legal implications of the ‘reasoning’ undergirding the Obama administration’s refusal to continue to defend DOMA.
This is the core of his argument:
…there are sexual minorities, the polyamorous, whose sexual orientation requires more than one partner. But if sexual orientation requires heightened scrutiny and polyamory is a sexual orientation, then the number limitation requires heightened scrutiny as well. So, if the entirety of sec. 3 violates the 5th amendment and thus does not withstand heightened scrutiny, it would seem to be as unconstitutional to limit marriage to two as it would be to limit it to opposite genders.
Same-sex ‘marriage’ advocates insist that undermining the social structure (the nuclear family) that is the indispensable foundation of civilization would be the last thing that they would ever want to do – much less would they even consider demolishing the legal standards and procedures that are vital to the self governance of a free people, just to get what they want. But now we see one more example of how using the force of law to compel everyone to exalt same-sex unions as if they were actually equal to genuine marriage will indeed ultimately lead to the destruction of the family and that, in the process of accomplishing the goal of marriage so-called ‘equality’, the legal “windbreak” that protects us all will be annihilated as well.
What would you do? Cut a great road through the law to get after the Devil? …when the last law was down, and the Devil turned ’round on you, where would you hide…the laws all being flat? This country is planted thick with laws, from coast to coast…and if you cut them down…do you really think you could stand upright in the winds that would blow then?
Often on this blog, people have enumerated the multitude of violations committed against homosexuals for, well, all of history actually. So I have a couple questions for those of you who think stopping at absolutely nothing to make same-sex so-called ‘marriage’ the law of the land will have no effect other than the ‘liberation’ of homosexuals:
What if you succeed in your quest to “Cut a great road through the law to get after the Devil?” (We who are resisting your agenda being “the Devil” as far as you apparently are concerned…) Tell me, is there any subset of humanity who you believe would be more susceptible to persecution than homosexuals? What would you do if “…when the last law was down…the Devil turned ’round on you?” Where would you hide then?
Before the legal Fata Morgana of same-sex ‘marriage’ could be enforced nationwide, first virtually all of the laws that define our freedoms and protect us from persecution by one another would have to be circumvented, overturned, repealed, replaced, or in some way rendered meaningless.
What people who have ever enjoyed freedom for any significant interval of history have then been willing to suffer the loss of their liberty for long? If the advocates of same-sex ‘marriage’ succeed in their objective then, sooner or later, there will be a backlash the likes of which none of us would probably even want to think about – and those who mowed down the law to force their sense of ‘morality’ on the rest of us will have sown the seeds of their own destruction…