Redefining Marriage - above the Supreme Court's Pay Grade; Ruling for Homosexual 'Marriage' Would Unleash Endless National Division

The Washington Times (Washington, DC), June 19, 2013 | Go to article overview

Redefining Marriage - above the Supreme Court's Pay Grade; Ruling for Homosexual 'Marriage' Would Unleash Endless National Division


Byline: Chuck Donovan, SPECIAL TO THE WASHINGTON TIMES

Forty years after the U.S. Supreme Court attempted to settle the abortion debate once and for all, anxious activists on both sides of the homosexual-marriage debate are waiting with bated breath for high court rulings some hope will settle the future of marriage. The history of abortion law and politics, though, illustrates compellingly that judge-made solutions to vast questions of social policy are doomed to failure. If the Supreme Court is paying close attention to what its rulings in Roe v. Wade and Doe v. Bolton (1973), and Casey v. Planned Parenthood (1992) have done to its authority and prestige, it will take a pass on trying to remake the meaning of marriage.

Consider just how unsettled abortion law remains in the United States. Justice Harry Blackmun and his six majority colleagues attempted to craft a decision that, from conception to birth, made the

mother of an unborn child the arbiter over whether that child lives or dies. Overnight, the laws of 50 states - conservative, moderate and liberal - were swept away in favor of a legal regime previously unknown to the planet's legal traditions. The lack of constitutional foundation for the court's profoundly legislative ruling - the creation of a trimester scheme of increasing regulation, but no prohibition - was immediately noted by scholars left, right and center.

Almost two decades later, invited to reconsider its ruling in two major cases, Webster v. Reproductive Health Services and Casey v. Planned Parenthood, the court shifted its analytical ground to a weighting test under which the primary question, subjective to be sure, was whether a law regulating or prohibiting abortion imposed an undue burden on the woman's decision to seek an abortion. Openly appealing to regain the respect of a populace that was coming to see the court as thinly robed politicians, the splintered Casey plurality announced that the Court's interpretation of the Constitution calls the contending sides of a national controversy to end their national division by accepting a common mandate rooted in the Constitution.

Needless to say, the American people were not persuaded. The court's own weight was not enough to secure an end to the nation's search for a just and workable solution to questions of profound importance: Who is human, what duty do we owe to any human being with respect to the preservation of his life, and how do we fulfill that duty without descending into either barbarism or fascism? In short, the issue of abortion was and is far too important for a free people to hand over to any nine men and women. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Redefining Marriage - above the Supreme Court's Pay Grade; Ruling for Homosexual 'Marriage' Would Unleash Endless National Division
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.