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The Constitution Doesn’t Settle the Marriage Debate

posted on May 15, 2012

Princeton’s Robert P. George recently gave an oral argument in one of the cases debating the constitutionality of the Defense of Marriage Act (DOMA), Cozen O’Connor, P.C. v. Tobits. First Things reprints George’s argument, in which he says it is the people and their elected representatives, not the courts or Constitution, who must decide the issue. He concludes: “It is up to the democratic process, not the courts purporting to act in the name of the Constitution, to make the moral judgment that marriage should be retained as a conjugal partnership, or to make the competing moral judgments that would redefine marriage, whether to accommodate polygamous, polyamorous, or same sex partnerships.”

Read at First Things