Majority For Traditional Marriage

Special Report - February 15, 2011

The so-called “right” to same-sex “marriage” has been rejected by most American courts that have considered the issue, as well as by the majority of Americans who have had the opportunity to vote on it, according to a new research brief from the Institute for Marriage and Public Policy (iMAPP). Written by legal analysts, Joshua Baker and William C. Duncan, the iMAPP brief, “American Courts on Marriage: Is Marriage Discriminatory? 2000-2011,” highlights various court rulings in the United States over the past 10 years to show that the majority have upheld marriage as the union of a husband and wife, excluding cases that are pending on appeal. 

The brief notes the majority of Americans do not believe there is a civil right to same-sex “marriage,” as evidenced by:

  • The 30 states that have adopted amendments to their state constitutions to preserve marriage as the union of a man and a woman.
  • Maine, where, in 2009, voters overturned a marriage redefinition law passed earlier that year by the state legislature.
  • Iowa, where voters “defeated all three of the judges up for retention who had voted in favor of same-sex marriage.”

The iMAPP brief reveals that “the majority of American courts have also rejected the idea that there exists in state and national constitutions a right to same-sex marriage.” Specifically, the brief points out that at least 10 state and federal level courts have ruled that marriage protection laws are not discriminatory, including high courts in Maryland, New York, and Washington, as well as the 8th Circuit Court of Appeals (this is not counting the ongoing lawsuits where appeals are pending). In contrast, only four state high courts have overturned state marriage laws as unconstitutional  (specifically, Iowa in 2009, Connecticut in 2008, California in 2008, and Massachusetts in 2003). Additionally, the brief details three major international court decisions that have upheld laws defining marriage as between a man and a woman.

”Like the rest of the nation, the overwhelming majority of North Carolinians reject the notion of same-sex ‘marriage,” and survey after survey has shown that voters in this state want the same opportunity that the citizens of 30 states, including every other Southern state, have enjoyed—the chance to vote on a Marriage Protect Amendment,” said Bill Brooks, president of the North Carolina Family Policy Council. “We are counting on the new leadership of the General Assembly to give North Carolinians that chance by considering legislation this year that will put a Marriage Protection Amendment on the ballot for the people of this state to decide.”

Related resources:
Marriage Battle Rundown - February 2, 2011
D.C. Marriage Case Snuffed By Supreme Court - January 19, 2011
Assault On Marriage Intensifies - November 12, 2010
ADF Petitions U.S. Supreme Court - October 15, 2010
Judge Says Federal DOMA Flawed - July 9, 2010
D.C. Appeals Court Rejects Marriage - July 20, 2010
Court Rejects D.C. Marriage Referendum - February 24, 2010
D.C. Issues Homosexual Marriage Licenses - March 4, 2010
D.C. Mayor Signs Same-Sex "Marriage" Bill - December 21, 2009
White House Wants DOMA Repeal - August 19, 2009
Justice Defends Marriage - June 22, 2009
Lawsuit Challenges Federal DOMA - March 6, 2009
The Issue That Will Not Go Away - FNC - April, 2010

Copyright © 2011. North Carolina Family Policy Council. All rights reserved.

Bookmark and Share