Patrick Fagan

The Supreme Court’s first assault on marriage

Patrick Fagan
By Patrick Fagan

March 19, 2013 (thePublicDiscourse.com) - This year, the Supreme Court will render judgment on the institution of marriage. Though most of us don’t realize it, the Court first did so forty-one years ago in Eisenstadt v. Baird, a decision that gravely wounded marriage and set the nation on a course of gradual debilitation by ruling that states could not restrict the sale of contraceptives to unmarried people.

In its forthcoming decision, the Court may give marriage the legal coup de grace. Or it may surprise us, redeem itself, and use the occasion to correct the drift of legal thought on sexuality, marriage, and the rights of children. All three are inextricably linked.

In Eisenstadt, the Court overturned Massachusetts state law and pulled new sexual rights for singles out of a hat—but gave no standing to the child born of pre- or extra-marital sex. The Court played God by redefining the purpose of sexuality. In the process it unleashed sex’s destructive power detached from marriage. The Court could see rights to contraceptives in the “shadow” of the Constitution but could not see what a blind man could: the right of every child to married parents.

Having set chaos in motion in Eisenstadt, the Supreme Court quickly built the garbage bin for dumping sexual debris in Roe v. Wade, which gave a green light to the killing of 55 million unborn children, the overwhelming majority of whom were conceived by those unmarried singles with new access to contraceptives.

Eisenstadt also denied the community its natural rights—demands of the social order—that parents take care of their children in marriage. Since then, the community has been paying to raise children born outside wedlock. The cost comes in the form of welfare, food stamps, Medicaid, supplementary education, costlier child and adult health bills, more prisons, addiction centers, and mental health services. The list goes on and on, now cumulatively and possibly to the tune of trillions of dollars.

When two unmarried people have a child, their commitment to each other becomes more difficult to turn into marriage. The vast majority will break up within the following five years, even if they currently cohabit, leaving the commons to make up the difference—which it can only partially achieve, at best.

Post-Eisenstadt, many social policies were quickly abused as many young women learned how to game the system. Policies such as welfare payments, food stamps, and housing, all designed to help the family and society by subsidizing a mother’s physical needs on a per child basis, ultimately undermine these families by not requiring marriage as a condition of support.

Tragically, at this point in our history, almost all of these children and grandchildren cannot conceive of any other family life except single parenthood combined with serial cohabitation. Instead of intact, married families, we have matriarchal lines of poverty and strain, with men and fathers cast outside, somewhere.

With Eisenstadt, the Court dismissed marriage as the basic institution for begetting and raising children, and in a couple of pages of writing, rendered obsolete the experience of millennia. Prior to that time, those who intended to raise children together were expected by tradition, common sense, and culture to marry first. The law protected these expectations.

The Court also seemed totally unaware that society’s fundamental institutions—family, education, marketplace, government, and religion—are interdependent. This interdependence plays out in the raising of children. They grow quickly to become the actors in each of these realms, and if they come from broken families, they generally bring lessened capacities to these tasks in their own lives and to the institutions involved in the functioning of society.

Thus, in a well-ordered society sex and marriage go together exclusively, because the union of male and female sexual expression must be undertaken in a union that binds them in advance of the coordinated labors needed to raise the children they may bring into the world. To achieve this, a functioning society demands that each citizen channels his sexual capacities in ways appropriate to these two tasks (procreation and child-raising). That is, it demands marriage.

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The core strength needed to do this is chastity, a virtue always necessary but expressed differently at different stages in life—when single, when courting, and when married. Functional societies foster chastity and sanction its violation. But in Eisenstadt, the Supreme Court threw chastity out the window by endorsing premarital sex at a constitutional level.

Another aspect of the decision casts the Court in even worse light. The main architect of the legal strategy to bring this matter to the Supreme Court, and the chief shepherd and amicus curiae for these new political rights for singles, was Planned Parenthood. Most have not perceived this connection, but Planned Parenthood needed this decision to pursue its vision of family planning. It already had funding from Congress, but it needed the Court’s decision to distribute contraceptives to singles. This it quickly did, and in the process gained vast amounts of money, both directly from program funding and indirectly from grants given by foundations tied to the contraception industry. The fruits of its work are today most visible in the old inner cities: multigenerational single-parent families, all beneficiaries of “family” planning.

We are coming up on fourth-generation fatherless families begotten since Eisenstadt, as many inner-city families start when a 16-year-old girl becomes a mother. These families produce boys who have little chance of becoming men. Indeed, each successive generation is less capable than the one preceding it. Worse still, as Andrew Cherlin of Johns Hopkins University uncovered in his research, the current norm in their home is a new man in the mother’s bed every 18 months.

The effect of this on the men, the women, and most especially on the children, is at times too awful to contemplate. The fruits are poverty, sexual chaos, sexual abuse, lack of identity with a father, and incapacity to be a man capable not only of marrying, but also of caring for himself or a wife or a family, and the incapacity of the woman to be a wife.

For the children of these multigenerational poor families, the results are grim: unprecedented levels of abuse, both physical and sexual, and ill health, disease, and abandonment of children by their genitors. It is a pity that the Supreme Court cannot be presented with a massive class-action lawsuit by the inner-city poor, because they can easily point to its decision as a main culprit in their poverty and suffering.

In America, the chaos from Eisenstadt must eventually be checked. If not by the Supreme Court and Congress, then by whatever government will follow after the collapse of our present order. Sexual license and republican liberty cannot live together. One of them will supplant the other. Either we become a sexually restrained people—a form of self-control needed for institutions that depend on liberty—or, as we become more and more sexually unrestrained, we will need the all-helping state to do what we won’t be able to do for ourselves and our children.

Today, only 45 percent of American 17-year-olds belong in an intact married family with both birth parents. Fifty-five percent do not: Their parents have rejected them and walked away from each other—whether at their birth, after cohabiting, or through divorce—and the price they pay comes in the form of life-long reduced personal capacities.

Given that our most recent out-of-wedlock birth rate is around 42 percent, and given the cyclical nature of family brokenness, the Index of Family Belonging is guaranteed to deteriorate each year for at least the next seventeen unless a national miracle happens. This would be something on the order of a Great Awakening: not only an awakening to God, but also to the dignity and duties of being male and female, husband and wife, father and mother, and to the child’s inalienable right to the marriage of his biological parents.

With Eisenstadt v. Baird, the Supreme Court rejected the experience of millennia and set in motion the gradual weakening of America. Future generations may rank this as the single most destructive decision in the history of the Court. Will the forthcoming decisions in Hollingsworth v. Perry and United States v. Windsor be ones that rank right alongside it, by delivering a legal coup de grace to marriage? Or will this Court be known for beginning the restoration of sexual and family sanity by preserving and protecting the core of society?

Patrick Fagan is Senior Fellow and Director of the Marriage and Religion Research Institute at the Family Research Council. This article reprinted with permission from The Public Discourse.

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Victoria Duran screams at 17-year-old Created Equal intern Ian Spencer at a demonstration in Columbus, OH, July 9.
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Mother plans lawsuit after video of her daughter assaulting pro-life teen goes viral

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By Kirsten Anderson

The mother of a Burger King employee caught on video shoving and hitting members of a pro-life activist group and kicking down their signs during an obscenity-laden tirade against “male privilege” says she will file a civil lawsuit against the pro-life group due to the “emotional distress” her family has experienced after the embarrassing clip went viral online.

The video in question shows Victoria Duran, 28, screaming in the face of a teenage boy who was standing beside an image of an abortion victim and passing out literature for pro-life group Created Equal on a street corner in Columbus, Ohio.  Duran was apparently enraged over a poster depicting a 12-week-old unborn child, which she insisted was a “lie.”

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“That is not what a fetus looks like,” Duran screams in the video. “It’s a clump of cells at 12 weeks. It does not look like that! It’s a clump of blank cells. You’re a racist f—ing male that doesn’t stand for women’s rights!”  She then violently kicked over the poster, and when she realized she was being filmed, physically assaulted the person holding the camera and started running down the street, kicking over another poster as she fled.  

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Seth Drayer, the group’s director of training, pursued Duran on foot and informed her they were calling the police.  She stopped running and confronted Drayer face-to face, screaming obscenities at close range until she spotted the police.  At that point, she shoved Drayer aside and boarded a nearby city bus.  The police removed her from the bus and arrested her on charges of assault and criminal damaging of property.

Duran’s mother, Anairis Carter, who lives in Florida, fought the charges, claiming her daughter is autistic and therefore can’t be blamed for her actions.  The county prosecutor dropped the criminal charges, but ordered Duran to pay $80 to Created Equal to cover the cost of the posters she destroyed.

Now, Carter is suing Created Equal for emotional distress.  She says that ever since the group posted video of her daughter’s violent outburst, her family has received threats and harassment, driving her to purchase a security system for their house.

“On top of emotional distress all the excess things that have to do that have come out of pocket for me to be able to protect my children because of what they've done," Carter complained to ABC6. "It irritates me that [the pro-life activists] are trying to make themselves be victims when they are hardly that if you're a victim you don't sensationalize it.”

On Created Equal’s Facebook page, Carter continued to defend her daughter and vowed to keep up the fight against the pro-life group.

“[Victoria] had an outburst ... autistic people have them,” Carter wrote. “She didnt [sic] deserve everything else that happened afterwards and THAT'S why I AM SUEING [sic] them. They have HURT my children and their lives and their way of life … So, no, I wont leave them alone. The courts will decide on what happens. It will be in their hands.”

In another Facebook post, Carter compared Created Equal to abortion clinic bombers and expressed her support for abortion-on-demand. 

“I am so disgusted by these people,” Carter wrote. “I actually went on their website and I saw the MOST horrendous of things [sic]. These people are using an intro of MLK's ‘I have a dream speech’ [sic] to compare themselves and what they do to to [sic] the civil rights and civil liberties movement. They are comapring [sic] what they do to something so important as this?”

“Trying to overturn Roe v Wade is the most horric [sic] thing there is,” declared Carter. “Trying to send women back to the 30's, 40's, and 50's where llegal [sic] abortions with wire hangers and dying on kitchen tables must be more acceptable to them than the alternative.”

Carter has repeatedly accused Created Equal of lying about her daughter shoving Drayer into the side of a city bus.  In response, the group recently posted a second video that clearly shows the assault, along with a bystander threatening to mace Duran if she continued her violent behavior.

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He defended ‘real’ marriage, and then was beheaded for it

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By Pete Baklinski

A Christian man was executed during the night by a high-profile ruler after making an uncompromising defense of real marriage.

The Christian, who was renowned for his holiness, had told the ruler in public that his relationship with his partner was “against the law” of God. The Christian’s words enraged the ruler’s partner who successfully plotted to have him permanently silenced.

John the Baptist was first imprisoned before he was beheaded. The Catholic Church honors him today, August 29, as a martyr and saint.

While John’s death happened a little less than 2,000 years ago, his heroic stance for real marriage is more pertinent today than ever before.

According to the Gospel of Mark, the ruler Herod had ‘married’ his brother’s wife Herodias. When John told Herod with complete frankness, “It is against the law for you to have your brother’s wife,” Herodias became “furious” with him to the point of wanting him killed for his intolerance, bullying, and hate-speech.

Herodias found her opportunity to silence John by having her daughter please Herod during a dance at a party. Herod offered the girl anything she wanted. The daughter turned to her mother for advice, and Herodias said to ask for John’s head on a platter.

Those who fight for real marriage today can learn three important lessons from John’s example.

  1. Those proudly living in ungodly and unnatural relationships — often referred to in today’s sociopolitical sphere as ‘marriage’ — will despise those who tell them what they are doing is wrong. Real marriage defenders must expect opposition to their message from the highest levels.
  2. Despite facing opposition, John was not afraid to defend God’s plan for marriage in the public square, even holding a secular ruler accountable to this plan. John, following the third book of the Hebrew Bible (Leviticus 20:21), held that a man marrying the wife of his brother was an act of “impurity” and therefore abhorrent to God. Real marriage defenders must boldly proclaim today that God is the author of marriage, an institution he created to be a life-long union between one man and one woman from which children arise and in which they are best nurtured. Marriage can be nothing more, nothing less.
  3. John did not compromise on the truth of marriage as revealed by God, even to the point of suffering imprisonment and death for his unpopular position. Real marriage defenders must never compromise on the truth of marriage, even if the government, corporate North America, and the entire secular education system says otherwise. They must learn to recognize the new “Herodias” of today who despises those raising a voice against her lifestyle. They must stand their ground no matter what may come, no matter what the cost.

John the Baptist was not intolerant or a bigot, he simply lived the word of God without compromise, speaking the word of truth when it was needed, knowing that God’s way is always the best way. Were John alive today, he would be at the forefront of the grassroots movement opposing the social and political agenda to remake marriage in the image of man.

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If he were alive today he might speak simple but eloquent words such as, “It is against God’s law for two men or two women to be together as a husband and wife in marriage. Marriage can only be between a man and a woman.” 

He would most likely be hated. He would be ridiculed. He would surely have the human rights tribunals throwing the book at him. But he would be speaking the truth and have God as his ally. 

The time may not be far off when those who defend real marriage, like John, will be presented with the choice of following Caesar or making the ultimate sacrifice. May God grant his faithful the grace to persevere in whatever might come. St. John the Baptist, pray for us!

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The Wunderlich family Mike Donnelly / Home School Legal Defence Association
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German homeschoolers regain custody of children, vow to stay and fight for freedom

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By Thaddeus Baklinski

One year to the day since a team of 20 social workers, police officers, and special agents stormed a homeschooling family’s residence near Darmstadt, Germany, and forcibly removed all four of the family’s children, aged 7 to 14, a state appeals court has returned custody of the children to their parents.

The reason given for the removal was that parents Dirk and Petra Wunderlich continued to homeschool their children in defiance of a German ban on home education.

The children were returned three weeks after being taken, following an international outcry spearheaded by the Home School Legal Defense Association.

However, a lower court imposed the condition on the parents that their children were required to attend state schools in order for them to be released, and took legal custody of the children in order to prevent the family from leaving the country.

In a decision that was still highly critical of the parents and of homeschooling, the appeals court decided that the action of the lower court in putting the children in the custody of the state was “disproportional” and ordered complete custody returned to the parents, according to a statement by the HSLDA.

The Wunderlichs, who began homeschooling again when the court signaled it would rule this way, said they were very pleased with the result, but noted that the court’s harsh words about homeschooling indicated that their battle was far from over.

“We have won custody and we are glad about that,” Dirk said.

“The court said that taking our children away was not proportionate—only because the authorities should apply very high fines and criminal prosecution instead. But this decision upholds the absurd idea that homeschooling is child endangerment and an abuse of parental authority.”

The Wunderlichs are now free to emigrate to another country where homeschooling is legal, if they choose, but they said they intend to remain in Germany and work for educational freedom.

“While we no longer fear that our children will be taken away as long as we are living in Hessen, it can still happen to other people in Germany,” Dirk said. “Now we fear crushing fines up to $75,000 and jail. This should not be tolerated in a civilized country.”

Petra Wunderlich said, "We could not do this without the help of HSLDA,” but cautioned that, “No family can fight the powerful German state—it is too much, too expensive."

"If it were not for HSLDA and their support, I am afraid our children would still be in state custody. We are so grateful and thank all homeschoolers who have helped us by helping HSLDA.”

HSLDA’s Director for Global Outreach, Michael Donnelly, said he welcomed the ruling but was concerned about the court’s troubling language.

“We welcome this ruling that overturns what was an outrageous abuse of judicial power,” he said.

“The lower court decision to take away legal custody of the children essentially imprisoned the Wunderlich family in Germany. But this decision does not go far enough. The court has only grudgingly given back custody and has further signaled to local authorities that they should still go after the Wunderlichs with criminal charges or fines.”

Donnelly pointed out that such behavior in a democratic country is problematic.

“Imprisonment and fines for homeschooling are outside the bounds of what free societies that respect fundamental human rights should tolerate,” he explained.

“Freedom and fundamental human rights norms demand respect for parental decision making in education. Germany’s state and national policies that permit banning home education must be changed.

"Such policies from a leading European democracy not only threaten the rights of tens of thousands of German families but establish a dangerous example that other countries may be tempted to follow,” Donnelly warned.

HSLDA Chairman Michael Farris said that acting on behalf of the Wunderlichs was an important stand for freedom.

“The Wunderlichs are a good and decent family whose basic human rights were violated and are still threatened,” Farris said.

“Their fight is our fight," Farris stressed, "and we will continue to support those who stand against German policy banning homeschooling that violates international legal norms. Free people cannot tolerate such oppression and we will do whatever we can to fight for families like the Wunderlichs both here in the United States and abroad. We must stand up to this kind of persecution where it occurs or we risk seeing own freedom weakened.”

Visit the HSLDA website dedicated to helping the Wunderlich family and other German homeschoolers here.

Contact the German embassy in the U.S. here.

Contact the German embassy in Canada here.

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