Repeal Obergefell, Make Marriage (and America) Great Again

Last year, Congress voted to repeal the 1998 Defense of Marriage Act, thus installing some recognition of same-sex marriage in the federal code. More precisely, the legislation requires that all states recognize same-sex marriage licenses, although they do not have to issue them. Sadly, Republicans joined with all the Democrats to codify this travesty. What was also disturbing is that even the Republicans who voted against this bill sounded as though the fight to restore natural marriage, as well as federalism and natural law in our country’s jurisprudence, are not worth fighting for.

There is a lot of talk about “build the wall,” but what are we protecting? You can’t have a country if you don’t have families, if you don’t respect the natural order of family. No families, no country, no point to having a wall. The immigration issue is all but settled at this point. Most liberal Republicans don’t dare talk about amnesty, and when anyone floats a proposal (Tillis, Graham), it falls flat without another consideration. But when it comes to standing up to the LGBT agenda, when it comes to restoring the family—make male and female great again, make marriage great again, make Mom and Dad great again—Republicans are turning MIA rather than MAGA.

The Republican Party was founded on fighting the twin relics of barbarism: slavery—and polygamy

The Republican Party was founded on fighting the twin relics of barbarism: slavery—and polygamy. Most conservative activists are not aware of the second goal of the Republican Party, born in the crucibles of sectional conflict in a Michigan log cabin in 1854. In fact, one of the most vocal criticisms against slavery rested on the fact that the slave trade destroyed marriages and destroyed families. In effect, both issues were pro-family issues.

The Republican Party was founded not only the premise of ending the peculiar institution, which treated black people as chattel, but polygamy, which enslaved women. Despite all the glowing talking points from libertarians about polygamy, there is nothing good about an arrangement where one man has multiple wives. The women fight over their man, strife is the norm, and the children endure duress and unease in an unstable household filled with adults who put their desires ahead of the needs of their children. The similar duress is becoming common-place among children raised in same-sex homes. The mental health and public order issues, along with the rising political tyranny against people of faith, can no longer be ignored, either.

Today’s Republican Party is foolish if they ignore the systematic destruction of marriage or dismiss the family institution as optional. The conflict over marriage and its rightful definition was forced on the entire country by judicial fiat in 2015. This power grab, which has imposed a long-term guilt trip against the public. We need to restore its rightful definition.

Roe v. Wade was egregiously wrong from the start, as Justice Alito wrote in his majority opinion. So was Obergefell, a ruling relying one a tortured misreading of the Fourteenth Amendment, as well as an abject dismissal of historical and judicial precedents from both country and courts. Justice Scalia mocked the pretentious arguments about marriage as an expression of freedom (“Ask any hippie”) and the court’s increasing threat to American Democracy, but Justice Thomas’ searing dissent of Obergefell deserves even more attention. The court redefined liberty as something which comes from the state. Absolutely not, Thomas countered. Freedom is a right bestowed by God, which we realize and develop through our respect for the laws of nature and nature’s God.

For all the talk about making America great again, you cannot restore the foundations of this country if there is no respect for the natural family

The pro-life movement has rendered an estimable service to this country, fighting to normalize the right of unborn children to live. When Roe was first imposed on the country, the science behind unborn life in the woman was so scant, that a number of Republicans and Democrats were “pro-choice.” The Christian Coalition made life a signature issue for the GOP, and the science and research have caught up with Biblical revelation. Even black activists, atheists, and progressives have become staunchly pro-life, despite their other liberal leanings. It’s time for a similar coalition, working with other faiths and conservative constitutionalists, to fight for the restoration of natural marriage.

For all the talk about making America great again, you cannot restore the foundations of this country if there is no respect for the natural family. Great countries require strong families, for there is no other institution better equipped to enable the growth of the population and the stability of civilization at the same time. Nationalists and populists within the GOP love Hungary’s Viktor Orban. Too bad they are not bringing some of their love of his pro-family policies to America. CPAC celebrated Orban in 2021, but also feted the LGBT-friendly organizations undermining traditional family mores. The American First Congressional caucus has talked big about keeping men out of women’s sports. But where’s the activism to ensure every child has a Mom and a Dad? You can’t be America First if you treat American Children Second. Families matter, parents matter, but our current political elite has deemed that neither matter. Societal chaos becomes the norm. This dissolution is not something we should tolerate.

What is to be done? Repeal Obergefell, for starters. Do we have a court that will repeal Obergefell? Not yet. Justice Gorsuch has disappointed conservatives with some of his more libertarian and even progressive rulings, including Clayton v. Bostock. Furthermore, there is no guarantee that Chief Justice Roberts would stick to his prior ruling in Obergefell (he did dissent in that decision, after all), and not cave to protecting precedent at all costs.

So far, there are four justices who are presumably on our side. With this calculation in mind, opponents of the destruction of marriage should hold off on challenging that egregious decision until President Trump (or Desantis, or whomever is not a Democrat) appoints another justice to replace one of the three liberals. In the meantime, the fight to win hearts and minds for family and against LGBT lies must occupy us, just as much as ending abortion.

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