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Friday, July 01, 2005

WHAT'S THE EXCUSE FOR INACTION NOW?: Gary Bauer

When Congress voted last year on a proposed federal marriage amendment to preserve traditional marriage, many politicians on both sides of the aisle opposed the amendment. Not one senator would publicly say that he or she supported homosexual marriage, but many dismissed a federal amendment as unnecessary because marriage was a state issue and no federal judge had threatened the meaning of marriage. A federal marriage amendment, opponents implied, was a solution in search of a problem.

Last month, a federal judge in Nebraska struck down that state's marriage amendment, thus creating the problem for which a federal marriage amendment is now the only solution. But it didn't take a crystal ball to see it coming.

Back in 2000, 70 percent of Nebraskans expressed the desire that marriage remain between one man and one woman. A single judge decided he knew better.

While this is not the first time a judge has sought to redefine marriage against the people's will, this is the first time a state constitutional amendment has been struck down. It was the supposed strength of these state amendments to which many politicians alluded when they falsely claimed that a federal marriage amendment was unnecessary. Senator John McCain called an amendment un-Republican because it imposes a federal remedy for a problem that most states do not believe confronts them. Senate Democratic Leader Harry Reid stressed that he "believe[s] in the sanctity of marriage" but that, "before we tinker with our most cherished rights, we should allow the states to deal with this issue..."

The Nebraska judge's decision is irrefutable proof that those who say marriage can be handled state by state are categorically wrong.

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