Deseret News | In defense of marriage

In defense of marriage

Deseret News editorial

Published: Sunday, Oct. 5, 2008 12:17 a.m. MDT

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On Nov. 4, voters in California will decide whether to amend their state's constitution to establish that "only marriage between a man and a woman is valid or recognized in California."

Proponents placed Proposition 8 on the ballot after the California Supreme Court rejected as unconstitutional, by a bare 4 to 3 majority, a similar statewide referendum adopted by an overwhelming majority of California voters in the 2000 election.

If it passes, Proposition 8's effects will be felt beyond California. We urge Californians to adopt Proposition 8.

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Marriage is the foundation of all known civilizations and societies; therefore the state has a compelling interest in preserving and protecting it. At one level, it seems absurd that an argument needs to be made that it is in the state's best interest to promote and protect marriage. Marriage and families universally have been implicitly and explicitly defined and protected by laws.

Central to the state's interest in marriage is the procreation and rearing of children. Legal scholar William C. Duncan cites a number of court decisions supporting the notion that "marriage advances the state's interest in ensuring the birth of children in the setting most likely to ensure their well-being and protection."

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Another compelling state interest is that "marriage provides the next generation the training and attributes necessary to sustain a liberal democracy." Duncan cites a much quoted Supreme Court decision that the marriage relationship is different from other types of contractual relationships. Once the marriage relationship is formed, "the law steps in and holds the parties to various obligations and liabilities. It is an institution, in the maintenance of which in its purity the public is deeply interested, for it is the foundation of the family and society."

More recently, Supreme Court Justice Sandra Day O'Connor noted that "preserving the traditional institution of marriage (is a) legitimate state interest."

In its recent statement on "The Divine Institution of Marriage," The Church of Jesus Christ of Latter-day Saints, which owns this newspaper, affirms that "strong families serve as the fundamental institution for transmitting to future generations the moral strengths, traditions and values that sustain a civilization. Married couples in almost every culture have been granted special benefits aimed primarily at sustaining their relationship and promoting the environment in which children are reared. A husband and wife do not receive these benefits to elevate them above any other two people, who may share a residence or social tie, but rather in order to preserve, protect, and defend the all-important institution of marriage and family."