7-15-2004
Let people define marriage
By Wayne Allard

Respect for the democratic process compels this Congress to discuss marriage and its judicial redefinition. The definition of marriage is incorporated into the fabric of our culture and civic life. It is the ideal platform on which children, families and communities are nurtured.

The value and civil definition of marriage are expressions of the American people. Marriage, the union between a man and a woman, has been the foundation of every civilization in human history. But it is being undermined in our country by our courts.

At this time, the U.S. Constitution is being amended to reflect a new definition of marriage - not by Congress, but by unaccountable and unelected courts. So last November, I introduced in the Senate an amendment to the Constitution to define marriage as a "union between a man and a woman" and leave all questions of civil unions to the individual states.

Democracy and representative government are at the core of this debate. Recent decisions by activist judges not only fail to respect the traditional definition of marriage, but they highlight a lack of respect for the democratic process as well.

No state legislature has passed legislation to redefine marriage. Not one. In fact, the case is quite the opposite. To date, 39 states have enacted explicit Defense of Marriage laws, and six others have statutory protections of marriage. The courts are driving a redefinition of marriage, contrary to democratic principles.

A state court in Massachusetts has attempted to force the population and the legislature to accept same-sex marriage. Cases are pending in 11 other states - including a federal court challenge to a Nebraska state constitutional amendment that passed with 70% of the vote.

The U.S. amendment process is the most democratic in the world, requiring two-thirds of Congress and three-fourths of the states to ratify. It is a process the American people can trust, and one that I believe represents their interests better than any court.

If we fail to define marriage, the courts will not hesitate to do it for us.

Sen. Wayne Allard, R-Colo., is the prime sponsor of the Federal Marriage Amendment, being debated in the Senate.

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