Why Any Federal Law Defining “Marriage” Is Unconstitutional

What an incredible difference the 2022 midterm election made for the Republican Party—the one political organization many conservatives rely upon, and hope the party will uphold traditional Christian family values and channel these values through policies and decision-making in Congress.

In recent years, many Americans have come to view the Grand Old Party (GOP) as responsible for “conserving” personal liberties, and the social and moral fabric of the Republic. We look to the GOP as the mature sibling of the Democratic Party, and to safeguard America as our Founding Fathers intended when they framed the Declaration of Independence and the Constitution.

In mid-November, Republican Reps. Elise Stefanik of New York was re-elected House Republican Conference Chair, and Tom Emmer of Minnesota was elected House Majority Whip.

Congratulations—

I would’ve finished the above sentence but stopped short after learning they voted in favor of legislation proposed by the Democratic Party to codify “same-sex marriage” in federal law.

Stefanik and Emmer were among 47 Republicans in the House of Representatives who joined Democrats in mid-July to pass the “Respect for Marriage Act” (RMA) which would repeal the largely unenforced “Defense of Marriage Act” (DOMA.)

Enacted in 1996, DOMA defines marriage as a union between a man and a woman under federal law and allows individual states not to recognize a “same-sex marriage” performed and legally recognized in another state. DOMA also clarifies that a “spouse” is someone of the opposite sex who is a husband or a wife.

In contrast, RMA would recognize under federal law a “marriage” between two individuals performed by a state, and require all other states to recognize that “marriage” regardless of the “sex, race, ethnicity, or national origin of those individuals.”

Furthermore, according to Republican Senator Rob Portman of Ohio, who also voted in favor of RMA, the bill does not authorize the federal government to recognize polygamous marriages.

For now, that is—because there is no bottom to pandora’s “marriage” box and an excellent opportunity for pressure groups and activists to fight for the “right” to a federally recognized “polygamous marriage.”

Some habits are hard to change. For example, Stefanik and Emmer voted in May 2016 among 43 Republicans for an amendment requiring any federal contractor to institute a policy refusing to “discriminate” individuals who identify under the umbrella of “lesbian, gay, bisexual, and transgender” (LGBT.)

At one point, Stefanik also backed the “Fairness for All Act” (FFAA) in February 2021, a bill that would prohibit “discrimination” based on “sex, sexual orientation, or gender identity, while providing certain benefits and exemptions to religious providers.” However, she eventually withdrew her support after mounting pushback from conservatives who argued that the bill offered minuscule protections for religious liberty.

In effect, the FFAA was a “moderate” version of the “Equality Act” (EA) proposed by the Democratic Party, which aimed to amend the “Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation in places of public accommodation.”

The EA would restrict employers with 15 or more employees from “discriminating” them based on “sexual orientation” or “gender identity.” It would also demand that individuals be given access to a “shared facility,” including a restroom or locker room, based on their personal “gender identity.”

One can observe that many Republicans attempt to hinder the pace of America on par towards cultural erosion, often supported by a tide of conservative resistance—but a trajectory they have nonetheless seemingly resigned will come to pass. At the same time, their Democrat counterparts are all too willing to push forward America’s voyage towards moral decline at a much faster rate.

Pressure group lobbyists who advocate for “rights” under the LGBT umbrella channel their activism through the more sympathetic Democratic Party, thus setting the trend of “progress.” At the same time, Republicans find themselves fighting to “conserve” traditional marriage; this struggle, this resistance can seem futile because over 70 percent of Americans say “homosexuality should be accepted” and about 60 percent say “legalization of same-sex marriage is good for society.”

Even Donald Trump, as a Republican, became the first American president to enter office already supporting “same-sex marriage,” calling the act “settled” by the U.S. Supreme Court (SCOTUS.)

The idea of marriage—that is, the psychological and emotional benefits and economic advantages of a monogamous union between a man and a woman—must regain momentum at the grassroots level. It must be “sold” to…