The late Judge Robert Bork wrote prophetically in 2004 that the only viable option left for protecting the institution of traditional marriage in the United States is amending the Constitution to define marriage.
Without the amendment, he predicted, the Supreme Court will “almost certainly” create “a national constitutional right to homosexual marriage.”
But amending the Constitution is a tall order, and some who oppose legalization of same-sex marriage also oppose amending the Constitution.
So without Bork’s sole remedy, events have proceeded in the exact direction he predicted they would. He was just off on his timing, predicting in 2004 that without our amending the Constitution, the court would legalize same-sex marriage across the nation “within two or three years.”
In 2013, the Supreme Court threw out the Defense of Marriage Act, so now the federal government must treat same-sex marriage no differently than it treats traditional marriage.
This week, the court has begun the process of reaching finality on this issue as it hears arguments dealing with the question of the constitutionality of state prohibitions of same-sex marriage.
Bork’s concern was the ongoing cultural degradation in America, in which judges have become tools of popular culture rather than guardians of the law. The legal redefinition of marriage is just the latest, according to Bork, of “a series of cultural debacles forced upon us by judges following no law but their own predilections.”
There are many famous quotations from America’s Founding Fathers — George Washington, John Adams and others — noting the inseparability of a free nation from the principles of religion and morality.
French statesman Alexis de Tocqueville — author of “Democracy in America,” which many view as the greatest book ever written about the United States — wrote in 1835, “There is no country in the world where the Christian religion retains a greater influence over the souls of men than in America.”
Yet over a short period of time — less than 20 years — the attitude of Americans about a core and central institution to our culture, marriage, has been turned on its head.
In 1996, according to polling by Gallup, 68% of Americans rejected — and 27% supported — the proposition that same-sex marriage “should be recognized by the law as valid, with the same rights as traditional marriages.”
By 2011, just 15 years later, 53% of Americans supported this proposition, and 45% rejected it.
Such rapid change in attitudes toward an institution so deeply rooted in the nation’s culture and toward the religious truths that have defined us could only happen through the massive and ongoing propagandizing against traditional values by what Bork called the “cultural aristocracy” — news media, university faculties, many churches, certain foundations, television networks and Hollywood.
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