A divided three-judge panel of the U.S. Court of Appeals for the 10th District has recently ruled that both Oklahoma’s and Utah’s state marriage amendments, defining marriage between a man and a woman, were in violation of the U.S. Constitution. These creative jurists ruled that the state amendments violated the “fundamental rights” of homosexual and transgendered couples to marry. Of course, the U.S. Constitution nowhere mentions marriage, let alone defines it or declares it to be a fundamental right.
The precedent of the Supreme Court, when a new “fundamental right” has been asserted, is that it must be precisely defined and “objectively, deeply rooted in this Nation’s history, legal traditions, and practices” (Washington v. Glucksberg, 1997). Since the stampede to redefine marriage is a recent legal and cultural confusion, it clearly is not “deeply rooted in this Nation’s history.”
Rather, the radical redefinition of marriage fundamentally alters America’s moral, cultural and political landscape.