Proponents of marriage (i.e., the defendants) have a tough argument to make. We have to demonstrate a higher purpose for marriage. We have to show why it’s culturally sacred, why it serves the common good, why it elevates the lives of men, women and children and why law in a free society should lay out a clear definition of it. We have to explain what marriage is.
Plaintiffs have no such burden to demonstrate. They simply argue equality. How difficult is that? There is no sense of the sacred in marriage for plaintiffs. Only equality is sacred. There is no sense of the common good in marriage for plaintiffs. Equality is the only common good. Only equality elevates men, women and children. And law in a free society has one purpose: Equality.
Carrying such a light intellectual load explains why federal judges, anxious to be on the so-called right side of history, can so casually accept this new reality of same-sex marriage.
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