Protect traditional marriage

Respect for the democratic process compels this Congress to protect traditional marriage in the face of a coordinated effort to redefine marriage through the courts.

Marriage, the union between a man and a woman, has been the foundation of every civilization in human history. It is incorporated into the fabric of our culture and civic life. It is the platform on which children, families and communities are nurtured.

Unfortunately, the U.S. Constitution is being amended to reflect a new definition of marriage - not by democratically elected members of Congress, but by unaccountable and unelected judges.

As a result, I introduced an amendment to the Constitution that simply defines marriage as the "union of a man and a woman," while leaving to state legislatures the freedom to address the question of civil unions and domestic partnerships. The amendment would not overturn current state and local laws dealing with these arrangements.

Democracy and representative government are at the core of this debate. In 2004 and 2005, voters in 14 states overwhelmingly passed constitutional amendments protecting marriage. Today, 19 states have constitutional amendments protecting marriage, and 26 have statutes designed to protect traditional marriage. The will of the people is clear on this issue.

Unfortunately, dissatisfied with the outcome of these votes, activists have intensified their campaign to circumvent the democratic process and redefine marriage through the courts. Currently, nine states face lawsuits challenging traditional marriage laws. Among these lawsuits are challenges to state constitutional amendments passed by an overwhelming majority of voters.

Recent decisions by activist judges not only fail to respect the traditional definition of marriage, they also highlight a lack of respect for the democratic process. The courts are driving a redefinition of marriage contrary to democratic principles.

The process to amend the U.S. Constitution is one the American people can trust.

My amendment reflects a belief that the institution of marriage is too precious to surrender to the whims of a handful of unelected, activist judges. The American people should have a say in the matter. If we in Congress fail to define marriage, the courts ultimately will not hesitate to define it for us.


Sen. Wayne Allard (news, bio, voting record), R-Colo., is the author of the Marriage Protection Amendment.