News and Commentary

BROWN: The Fight For Marriage Continues
Husband and Wife
Elizabeth Fernandez via Getty Images

I’m grateful to Daily Wire Editor-at-Large Josh Hammer for bringing attention to the need for conservatives to get re-engaged in the fight for traditional marriage. The National Organization for Marriage (NOM) has been helping lead the movement to protect marriage for over 12 years now, and we remain fully engaged in the fight.

Over 50 million Americans voted for traditional marriage in 30 states only to see their votes stolen by the illegitimate, anti-constitutional U.S. Supreme Court ruling in Obergefell v. Hodges. The Obergefell decision is one of the most unprincipled U.S. Supreme Court rulings ever, legally on par with the infamous Dred Scott ruling. Written by Justice Anthony Kennedy, Obergefell was entirely political — devoid of any application of the history and tradition of American jurisprudence, and of any meaningful reliance on legal precedent.

Sadly, the response by many conservatives to this outrageous ruling has been a retreat to the sidelines, egged on by forces claiming that the issue is “settled.”

But it’s not settled. Marriage is the most important institution that society has to bring men and women together and to provide the ideal environment for children. It’s not a political institution — something that can be changed by politicians or courts. It was created by God, has existed in every known civilization, and is essential to societal and human flourishing.

Americans are beginning to see the consequences of Obergefell. Despite the assurances of the justices in the Court’s majority, supporters of traditional marriage have not been left alone to live out their beliefs. There are dozens of cases where marriage supporters have been targeted by LGBT activists and their political allies who have sought to force not merely acceptance, but celebration, of gay “marriage.”

The concept of gender itself is now under attack by the same activists who demanded that marriage be redefined in Obergefell. A dangerous gender ideology is being force-fed to children as young as kindergartners. Unsurprisingly, there’s been a rampant increase in teens identifying as “transgender.” Many parents report that their children exhibit sudden and rapid onset of gender dysphoria because of social media.

Democracy itself has been weakened by Obergefell. When over 50 million Americans go to the polls to support traditional marriage, only to see their votes discarded by five unelected judges, citizen confidence in government is eroded.

Despite all this, or perhaps because of it, there remains a vibrant and growing movement to protect the right of Americans to support true marriage — and to restore marriage to our national laws. It’s time for conservatives to get off the sidelines and back in the fight.

NOM is working on a number of fronts that are producing results. Extensive efforts through the Trump administration and the courts are underway to protect the religious liberty rights of Americans to live out their beliefs about marriage. Last year’s Supreme Court victory in the case of Christian baker Jack Phillips in the Masterpiece Cakeshop ruling was hugely important. NOM participated in the case as amicus curiae.

We’re vigorously contesting the notion that a person’s sex is not a biological reality and that it is instead based on feelings and emotions. And we’re fighting hard to prevent further advances of the LGBT agenda, including the grossly misnamed Equality Act (H.R. 5/S.788) which would enact much of the LGBT agenda in federal statute at the expense of people of faith.

Through all of this, however, we’ve never lost sight of the need to repeal Obergefell. And by the grace of God, we now have a path forward using the same avenue that imposed it — the U.S. Supreme Court. Obergefell was a 5-4 decision. Thanks to the appointments of Justices Neil Gorsuch and Brett Kavanaugh to the Court, we believe there’s a current majority on the Court to overturn Obergefell. If President Trump is able to appoint yet another justice, we’d be in an even stronger position.

We call on all conservatives to join with us. We want to organize a coalition of the willing, including officials in key states, to challenge Obergefell and then bring the right case forward to the Supreme Court to overturn it. This will take time and resources, but it’s time to begin.

I encourage anyone who wants to be part of this exciting new chapter in the marriage battle to contact NOM. We’re eager to be on offense to restore marriage to our nation’s laws.

Brian Brown is president of the National Organization for Marriage (NOM). He may be reached at