Feb. 28, 2014
On Wednesday, a U.S. district judge in Texas ruled that the state’s law defining marriage as the union of one man and one woman was unconstitutional. District Judge Orlando Garcia’s ruling adds to a growing list of rulings striking down state marriage amendments. Judges in Utah, Oklahoma, Ohio, Kentucky, and Virginia have been all too willing to substitute their individual judgment for the voice of the people on a question that our Constitution leaves to the political process.
District Judge Garcia recycles the faulty reasoning seen in other marriage cases in recent weeks. Specifically, he asserts that Texas has no rational basis for recognizing marriage as the union of a man and a woman, ignoring the state’s argument that marriage should be recognized as such in policy because the state has a legitimate interest in ensuring that a man and a woman who bring a child into the world raise that child as dad and mom. The vast majority of Texans share this historic belief. With Wednesday’s ruling, their right to uphold that ideal has been trampled on as Texas politicians such as Senator Ted Cruz have pointed out.
Judge Garcia chose to overlook the fact that as a class of people, only opposite-sex couples are biologically capable of having children and that as a class, same-sex couples are not. By failing to acknowledge this fundamental difference, Judge Garcia bypasses what this discussion is all about: the understanding of marriage as an institution that brings men and women together to responsibly care for any children their union produces. Texas has no interest in affirming who a person can love; it does have an interest in ensuring that children are raised by their mom and dad. Marriage best accomplishes that purpose and should be recognized as a legitimate and indeed rational interest.