Patrick Fagan

The Supreme Court’s first assault on marriage

Patrick Fagan
By Patrick Fagan

March 19, 2013 ( - 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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BREAKING: Planned Parenthood shooting suspect surrenders, is in custody: police

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By John Jalsevac

Nov. 27, 2015 (LifeSiteNews) - Five hours after a single male shooter reportedly opened fire at a Colorado Springs Planned Parenthood, chatter on police radio is indicating that the suspect has now been "detained."

"We have our suspect and he says he is alone," said police on the police radio channel. 

Colorado Springs Mayor John Suthers also confirmed via Twitter shortly after 7:00 pm EST that the suspect was in custody.

The news comes almost exactly an hour after the start of a 6:00 pm. press conference in which Lt. Catherine Buckley had confirmed that a single shooter was still at large, and had exchanged gunfire with police moments before.

According to Lt. Buckley, four, and possibly five police officers have been shot since the first 911 call was received at 11:38 am local time today. An unknown number of civilians have also been shot.

Although initial reports had suggested that the shooting began outside the Planned Parenthood, possibly outside a nearby bank, Lt. Buckley said that in fact the incident began at the Planned Parenthood itself.

She said that the suspect had also brought unknown "items" with him to the Planned Parenthood. 

Pro-life groups have started responding to the news, urging caution in jumping to conclusions about the motivations of the shooter, while also condemning the use of violence in promoting the pro-life cause. 

"Information is very sketchy about the currently active shooting situation in Colorado Springs," said Pavone. "The Planned Parenthood was the address given in the initial call to the police, but we still do not know what connection, if any, the shooting has to do with Planned Parenthood or abortion.

"As leaders in the pro-life movement, we call for calm and pray for a peaceful resolution of this situation."

Troy Newman of Operation Rescue and Rev. Patrick J. Mahoney, Director of the Christian Defense Coalition, also issued statements.

"Operation Rescue unequivocally deplores and denounces all violence at abortion clinics and has a long history of working through peaceful channels to advocate on behalf of women and their babies," said Newman. "We express deep concern for everyone involved and are praying for the safety of those at the Planned Parenthood office and for law enforcement personnel. We pray this tragic situation can be quickly resolved without further injury to anyone."

"Although we don't know the reasons for the shooting near the Planned Parenthood in Colorado Springs today, the pro-life movement is praying for the safety of all involved and as a movement we have always unequivocally condemned all forms of violence at abortion clinics. We must continually as a nation stand against violence on all levels," said Rev. Patrick J. Mahoney, Director of the Christian Defense Coalition, based in Washington, D.C.


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Rubio says SCOTUS didn’t ‘settle’ marriage issue: ‘God’s rules always win’

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By Dustin Siggins

WASHINGTON, D.C., November 27, 2015 (LifeSiteNews) -- Surging GOP presidential candidate Sen. Marco Rubio, R-FL, says that "God's law" trumps the U.S. Supreme Court’s Obergefell decision imposing same-sex “marriage” nationwide.

The senator also told Christian Broadcast Network's David Brody that the Supreme Court's redefinition of marriage is not "settled," but instead "current law."

“No law is settled,” said Rubio. “Roe v. Wade is current law, but it doesn’t mean that we don’t continue to aspire to fix it, because we think it’s wrong.”

“If you live in a society where the government creates an avenue and a way for you to peacefully change the law, then you’re called to participate in that process to try to change it,” he explained, and "the proper place for that to be defined is at the state level, where marriage has always been regulated — not by the Supreme Court and not by the federal government.”

However, when laws conflict with religious beliefs, "God's rules always win," said Rubio.

“In essence, if we are ever ordered by a government authority to personally violate and sin — violate God’s law and sin — if we’re ordered to stop preaching the Gospel, if we’re ordered to perform a same-sex marriage as someone presiding over it, we are called to ignore that,” Rubio expounded. “We cannot abide by that because government is compelling us to sin.”

“I continue to believe that marriage law should be between one man and one woman," said the senator, who earlier in the fall was backed by billionaire GOP donor and same-sex "marriage" supporter Paul Singer.

Singer, who also backs looser immigration laws and a strong U.S.-Israel alliance, has long pushed for the GOP to change its position on marriage in part due to the sexual orientation of his son.

Despite Singer's support, Rubio's marriage stance has largely been consistent. He told Brody earlier in the year that "there isn't such a right" to same-sex "marriage."

"You have to have a ridiculous reading of the U.S. Constitution to reach the conclusion that people have a right to marry someone of the same sex."

Rubio also said religious liberty should be defended against LGBT activists he says "want to stigmatize, they want to ostracize anyone who disagrees with them as haters."

"I believe, as do a significant percentage of Americans, that the institution of marriage, an institution that existed before government, that existed before laws, that institution should remain in our laws recognized as the union of one man and one woman," he said.

Rubio also hired social conservative leader Eric Teetsel as his director of faith outreach this month.

However, things have not been entirely smooth for Rubio on marriage. Social conservatives were concerned when the executive director of the LGBT-focused Log Cabin Republicans told Reuters in the spring that the Catholic senator is "not as adamantly opposed to all things LGBT as some of his statements suggest."

The LGBT activist group had meetings with Rubio's office "going back some time," though the senator himself never attended those meetings. Rubio has publicly said that he would attend the homosexual "wedding" of a gay loved one, and also that he believed "that sexual preference is something that people are born with," as opposed to being a choice.

Additionally, days after the Supreme Court redefined marriage, Rubio said that he disagreed with the decision but that "we live in a republic and must abide by the law."

"I believe that marriage, as the key to strong family life, is the most important institution in our society and should be between one man and one woman," he said. "People who disagree with the traditional definition of marriage have the right to change their state laws. That is the right of our people, not the right of the unelected judges or justices of the Supreme Court. This decision short-circuits the political process that has been underway on the state level for years.

Rubio also said at the time that "it must be a priority of the next president to nominate judges and justices committed to applying the Constitution as written and originally understood…"

“I firmly believe the question of same sex marriage is a question of the definition of an institution, not the dignity of a human being. Every American has the right to pursue happiness as they see fit. Not every American has to agree on every issue, but all of us do have to share our country. A large number of Americans will continue to believe in traditional marriage, and a large number of Americans will be pleased with the Court’s decision today. In the years ahead, it is my hope that each side will respect the dignity of the other.”

The Florida senator said in July that he opposed a constitutional marriage amendment to the U.S. Constitution to leave marriage up to the states because that would involve the federal government in state marriage policies.

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Former The View star Sherri Shepherd and then-husband Lamar Sally in 2010 s_bukley /
Steve Weatherbe

Court orders Sherri Shepherd to pay child support for surrogate son she abandoned

Steve Weatherbe
By Steve Weatherbe

November 27, 2015 (LifeSiteNews) -- Sherri Shepherd, a Hollywood celebrity who co-hosted the popular talk show The View for seven years, has lost a maternity suit launched by her ex-husband Lamar Sally, forcing her to pay him alimony and child support for their one-year surrogate son LJ. The decision follows an unseemly fight which pro-life blogger Cassy Fiano says has exposed how surrogacy results in “commodifying” the unborn.

Shepherd, a co-host of the View from 2007 to 2014, met Sally, a screenwriter, in 2010 and they married a year later. Because her eggs were not viable, they arranged a surrogate mother in Pennsylvania to bear them a baby conceived in vitro using Sally’s sperm and a donated egg.

But the marriage soured in mid-term about the time Shepherd lost her job with The View. According to one tabloid explanation, she was worried he would contribute little to parenting responsibilities.  Sally filed for separation in 2014, Shepherd filed for divorce a few days, then Sally sued for sole custody, then alimony and child support.

Earlier this year she told PEOPLE she had gone along with the surrogacy to prevent the breakup of the marriage and had not really wanted the child.

Shepherd, an avowed Christian who once denied evolution on The View and a successful comic actor on Broadway, TV, and in film since the mid-90s, didn’t want anything to do with LJ, as Lamar named the boy, who after all carried none of her genes. She refused to be at bedside for the birth, and refused to let her name be put on the birth certificate and to shoulder any responsibility for LJ’s support.

But in April the Pennsylvania Court of Common Pleas, and now the state’s Superior Court, ruled that Shepherd’s name must go on the birth certificate and she must pay Sally alimony and child support.

“The ultimate outcome is that this baby has two parents and the parents are Lamar Sally and Sherri Shepherd,” Shepherd’s lawyer Tiffany Palmer said.

As for the father, Sally told PEOPLE, “I'm glad it's finally over. I'm glad the judges saw through all the lies that she put out there, and the negative media attention. If she won't be there for L.J. emotionally, I'll be parent enough for the both of us.”

But Shepherd said, “I am appealing the ruling that happened,” though in the meantime, Sally will “get his settlement every month. There’s nothing I can do.”

Commented Fiano in Live Action News, “What’s so sickening about this case is that this little boy, whose life was created in a test tube, was treated as nothing more than a commodity…Saying that you don’t want a baby but will engineer one to get something you want is horrific.” As for trying to get out from child support payments now that the marriage had failed, that was “despicable.”

Fiano went on to characterize the Shepherd-Sally affair as a “notable example” of commodification of children, and “by no means an anomaly.” She cited a British report than over the past five years 123 babies conceived in vitro were callously aborted when they turned out to have Down Syndrome.

“When we’re not ready for babies, we have an abortion,” she added. “But then when we decide we are ready we manufacture them in a laboratory and destroy any extras. Children exist when we want them to exist, to fill the holes in us that we want them to fill, instead of being independent lives with their own inherent value and dignity.”

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