The federalist

If Marriage Can Mean Anything, It Will Soon Mean Nothing

No matter how you define “marriage,” there is zero respect for it in the so-called Respect for Marriage Act.

You may believe it serves to federally codify the Supreme Court’s Obergefell decision that rejected marriage as a male-female union. Maybe it would do so temporarily. But that’s not the endgame.

If you’re paying attention, you can see that the Senate’s recent 62-37 vote for cloture on HR 8404 puts us one step closer to abolishing state recognition of marriage entirely. That’s where this train is headed.

This will happen the same way such things always happen — through a demonization campaign that frames skeptics as bigots who are guilty of discrimination. That’s how you get Democrat-pliable Republicans such as Mitt Romney and craven Supreme Court justices like Anthony Kennedy to sign on. That’s how you manufacture a public opinion cascade, warning average Americans that they’ll be pummeled with lawsuits and ostracism if they dare think out loud.

And that’s how Democrats in Congress are likely in the not-too-distant future — via HR 8404 — to make the case that marriage actually comes with privileges that discriminate against the unmarried. Disagree? You’re a bigot who deserves to be socially ostracized! Self-censorship in the face of such accusations will pave the way, as always

Collectivists Hope to Destroy Private Life and Regulate Relationships

Once they’ve gotten to that point via HR 8404 and Republicans who supported the measure, congressional Democrats will doubtless push us to agree that marriage is a discriminatory institution. We’ll start seeing more anti-marriage initiatives supported by singles, millennials, Julias, and gen Z, all well-groomed for the moment by teachers unions, academia, and media.

They’ll fall for the pitch that we can all just write up domestic partnership contracts instead. “Marriage” would then become nothing but a legal relationship (a contract) between two (or more) people for any purpose at all. Bureaucrats would broker those contracts. This proposal is all mapped out in Sunstein and Thaler’s 2008 book “Nudge.” It’s also been promoted for decades by internationally acclaimed feminist legal scholar Martha Fineman who writes that a system of contracts replacing marriage will help the state “regulate all social interactions.”

Under a system that abolishes state recognition of marriage, the family could no longer exist autonomously or unmolested by the state. How could it if the state no longer recognizes marriage as the foundation of the family unit? The government would have no requirement to recognize religious rites of marriage as valid. Thus, it would meddle more deeply in religion and religious communities that recognize bonds of kinship through blood ties.

We Become Atomized Individuals in the State’s Eyes

The atomization resulting from this will have repercussions that go beyond the bill’s guarantee to treat any difference of opinion as a federal crime. If we continue on this path, the government will no longer have to recognize any biological relationships. It need not recognize any legal right you might have as the parent of your biological child. Why should


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