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A Defining Moment: Marriage, the Courts, and the Constitution

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Publication Date: May 2004

Publisher(s): Heritage Foundation (Washington, D.C.)

Author(s): Matthew Spalding

Topic: Social conditions (Marriage and family life)

Keywords: Legal issues

Type: Report


The most responsible step Congress can take to preserve marriage is to send a constitutional amendment that protects the institution of marriage to the states for ratification. If the options are either to allow a few activist judges to redefine marriage by judicial fiat or to amend the Constitution to reflect the established will of the people, the choice is clear.