The Best of Marriage: Arguments for an amendment
Marriage and the Constitution
10 years ago, many conservative scholars would have laughed and mocked the notion of a Constitutional amendment. What changed? Below are some of the arguments for and against such an amendment.
> Argument against amendment: "The constitution says nothing about marriage"
"True, but judges have and are. Today, the constitution says a lot about Marriage..." because judges are reading that into her. [source]
> Argument against amendment: "Marriage is a question the Constitution wisely leaves to the people to decide in their respective states."
Judges have taken that power away. The legislature has no power as demonstrated in MA.
> Argument against amendment: "The last thing America needs is more powerful federal courts."
This is precisely the point. Judges are now more powerful. Balance needs to be restored. see here
> Question: "What is the public role of marriage?"
The debate over whether homosexual couples should be allowed to legally "marry" is not about rights, equality, or discrimination, despite the often heated rhetoric to that effect. Still less is it about the allocation of an entitlement package of legal rights and financial benefits. Instead, this is a question of definition--how do we define the social institution we call marriage? To answer that we must ask, What is the public purpose of marriage?
Please note that I said the public purpose of marriage. The private purposes for which people enter into marriage may be as diverse as the people themselves. Homosexual activists sometimes argue that they want to marry for the same reasons heterosexuals do--out of a desire for love and companionship.
But I ask you--are interpersonal love and companionship really the business of government? Would we even tolerate the government issuing licenses and regulating entry and exit into relationships whose only or even principal purpose is emotional attachment? I submit to you that the answer is no. [source]
> Question: "What about the elderly and procreation, isn't this an argument for gay marriage?"
"However, to exclude non-reproducing heterosexual couples from marriage would require an invasion of privacy or the drawing of arbitrary and inexact lines. Instead, we simply define the structure of marriage as being open to the entire class of couples that are even theoretically capable of natural reproduction--namely, opposite-sex ones--and we exclude an entire class of couples that are intrinsically infertile--namely, same-sex ones." [source, see above]
> Precedent: Voting
I know you will say to this that some homosexuals do reproduce (with help, of course), and some homosexual couples do raise children. But let me suggest, as an analogy, another area in which the law places limits on the exercise of a fundamental right--voting. We have a minimum voting age because we presume that adults are wiser and better informed that children. The mere fact that some adults are actually foolish and ill-informed, while some children may be wiser and better informed, does not make the existence of a minimum voting age arbitrary or discriminatory. Distinguishing between opposite-sex couples and same-sex couples with regard to marriage on the basis of general differences is equally logical.
In fact, I would suggest that the argument in favor of same-sex marriage can only be logically sustained if one argues that there is no difference between men and women--that is, if one argues not merely that men and women are equal in value and dignity, a proposition I'm sure we all agree with, but that males are females are identical, and thus can serve as entirely interchangeable parts in the structure of marriage. This contention is biologically absurd, and "same-sex marriage" is thus an oxymoron. [same as as above]
> Argument for amendment: slippery slope
The Missouri man [who wanted to marry his horse] and homosexual "marriage" proponents categorically reject the definition of marriage as the union of a man and a woman. Instead, the sole criterion for marriage becomes the presence of "love" and "mutual commitment." But once marriage is no longer confined to a man and a woman, it is impossible to exclude virtually any relationship between two or more partners of either sex--even non-human "partners."
> Argument against amendment: Civil rights for homosexuals
However, no citizen has the unrestricted right to marry whoever they want. A parent cannot marry their child (even if he or she is of age), two or more spouses, or the husband or wife of another person. Such restrictions are based upon the accumulated wisdom not only of Western civilization but also of societies and cultures around the world for millennia.
Neither can gay activists appeal to a "natural rights" argument: i.e., no reasonable person would deny homosexuals and lesbians their self-evident right to marry. Harry Jaffa cogently replies that such arguments actually argue against homosexual marriage: "Nature and reason tell us that a Negro is a human being, and is not to be treated like a horse or an ox or a dog, just as they tell us that a Jew is a human being, and is not to be treated as a plague-bearing bacillus. But with the very same voice, nature and reason tell us that a man is not a woman, and that sexual friendship is properly between members of opposite-sexes, not the same sex." source
Here are a few other points that favor an amendment:
1. A Constitutional amendment will restore the crucial understanding that American government operates under a written Constitution.
2. A constitutional amendment will restore the proper balance of power between the judiciary and the representative branches of government.
The Marriage Amendment is the Only Way By Senator Orrin G. Hatch
Why We Need a Marriage Amendment
Robert P. George, David L. Tubbs
Gay Marriage vs. American Marriage
see also here