No Constitutional Right to Same-Sex Marriage: Fight for Marriage Continues


CHICAGO — Brian Burch, President of, issued the following statement in response to the Supreme Court decisions on marriage:


“The People of California and democracy itself suffered two losses this morning, yet defenders of marriage should not be discouraged.  While the Court rejected the right of the people to defend a law passed by millions of citizens in California, in doing so it refused to create a Constitutional right to same-sex marriage.  States that have protected marriage and those states that seek to do so in the future cannot be stopped.”

“Furthermore, today’s decision striking down portions of the federal Defense of Marriage Act (DOMA) was limited to only those marriages already recognized in the states that allow same-sex marriage.  It is also important to remember that DOMA protects states from being forced to recognize same-sex marriage in other states.  That portion of the law was not challenged and remains in force.

“The Court disenfranchised millions of voters today with its decision on Proposition 8.  An activist majority effectively overturned the votes of millions of citizens who twice voted to protect marriage.  Nevertheless, the record in California is now plain: the people voted to protect marriage, but reckless  politicians refused to respect the right of the people and enforce the law.  What is left is a single decision by a district court judge that applies to two couples.  The legal fight to clarify what happens next will be critical and will be heavily contested by defenders of marriage in the courts.  Same-sex marriage  advocates touting immediate statewide gay marriage in   California are misleading the public.

“Today’s decisions, while disappointing, should embolden proponents of traditional marriage to fight on with even more vigor while we can.  Same-sex marriage advocates did not get what they wanted, namely a “Roe v. Wade” for marriage. The future of marriage remains a dispute open to ‘We the People.’ The debate on marriage lives on.”

The views expressed here are those of the author, and do not necessarily represent the views of


About Author is a lay-led movement of committed Catholics who are passionate about living out the truths proclaimed by Christ and His Church in the modern world. We are joined in this mission by many individuals of other faith traditions (and no faith tradition) because the common good we seek is universal to all men and women of goodwill. As patriotic Americans, we believe that life, faith, and freedom are precious rights, and that the family is the foundational unit of society.

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