Later this month The Supreme Court is expected to issue its ruling on state marriage laws. Here are the three most important things you need to know about the case, and what to do after the Court rules.
1. Whatever people may think about marriage as a policy matter, everyone should be able to recognize the U.S. Constitution does not settle this question. Unelected judges shouldn’t insert their own policy preferences about marriage and then say the Constitution requires them everywhere.
There simply is nothing in the Constitution that requires all 50 states to redefine marriage. Sen. Rob Portman, R-Ohio, represents one of the states whose law is under review by the Court. While Portman is personally in favor of same-sex marriage, Portman is against the Court unilaterally redefining marriage for the entire country. Portman rightly recognizes that marriage policy must be worked out democratically.
After all, the overarching question before the Supreme Court is not whether a male–female marriage policy is the best, but only whether it is allowed by the Constitution. Nor is it whether government-recognized same-sex marriage is good or bad policy, but only whether it is required by the Constitution.