Is Obama in Favor of Letting States Decide on Marriage?
7:05 AM, May 21, 2012 • By JEFFREY H. ANDERSON
Whichever it is, this much is clear: The issue of whether or not to redefine marriage will eventually be decided at the level of the federal Constitution. The only question is whether it will be decided by the citizenry, or by judges.
Passing a constitutional amendment along the lines of the Defense of Marriage Act would ensure that the issue will be decided by the American people on a state-by-state basis. Passing a constitutional amendment affirming that marriage is between a man and a woman would ensure that the issue will be decided by the American people on a national basis. Declaring that DOMA-like affirmations that marriage is between a man and a woman are in “violation” of the Constitution (Obama’s position) would ensure that the issue will be decided by federal judges — who, after all, are duty-bound to void all unconstitutional acts.
In short, there are two major differences between the presidential candidates on this issue, not just one. The first is that Romney wants to reaffirm the core institution of society as being a union of husband and wife, while Obama wants to redefine the nature of that core institution. The second is that Romney wants this issue to be decided through the democratic process, according to the moral sense of the American people, while Obama wants it to be decided by judicial fiat.