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March 19, 2010
Rabbi Berel Wein: The Divine is in the details
JWisdom.com Stewards of sacrifice with Rabbi Sroy Levitansky (5 minutes)
Caroline B. Glick: Why Obama is waging war on Israel
March 18, 2010
Cal Thomas: Israel's New Enemy: America?
JWisdom.com Love me not? with Rabbi David Aaron (5 minutes)
Jonathan Rosenblum: Washington Throws a Tantrum
March 17, 2010
Rabbi Yonason Goldson: Orwell, Santayana, and Me
Jonathan Tobin: How Many Lives Is Biden's Pride Worth?
March 16, 2010
Steven Emerson: Combating Lawfare
JWisdom.com How to perform a miracle with Rabbi Yaakov Asher Sinclair (4 minutes)
Anne Bayefsky: Behind Obama's Dangerous Overreaction on Israel
March 15, 2010
The Jewish Ethicist By Rabbi Dr. Asher Meir: Father's obligations toward minor children
JWisdom.com Moody, Grumpy, Irritable Children with Sarah Chana Radcliffe (5 minutes)
Judith Graham: Get the whole picture before a CT
March 12, 2010
Rabbi David Aaron: You CAN have Heaven on Earth
JWisdom.com Manufacturing mediums with Rabbi Sroy Levitansky (4 minutes)
Caroline B. Glick: The march of the Red-Green brigades
March 11, 2010
Glenn Garvin: Conspiracy theories, why people believe them and how they spread
JWisdom.com For Yourself, Not By Yourself with Rabbi Lawrence Hajioff (8 minutes)
The Kosher Gourmet by Linda Gassenheimer : Turn leftovers into tasty New England hash
Paul Richter: Biden promises 'viable Palestine' is in the offing
March 10, 2010
Paul Greenberg: Death Checks In
JWisdom.com How To Get A (Real) Life with Rabbi Warren Goldstein ( EXTENDED EPISODE)
Paul Richter: Israel exerts soverign right to its capital as Biden looks on astounded
Richard A. Serrano: 'Jihad Jane' indictment alleges threat from within U.S.
March 9, 2010
Wesley Pruden: Joe's Israeli adventure
JWisdom.com Free To Be (Responsibly) You and Me! with Rabbi Naftali Brawer ( 8 MINUTES)
David G. Savage: Supreme Court to rule on free speech in case of soldier's funeral
March 8, 2010
The Jewish Ethicist by Rabbi Dr. Asher Meir: Make a fuss about those who cuss?
JWisdom.com Finding or Losing Yourself? Here's How! with Rabbi David Aaron ( 5 MINUTES)
Steven Emerson: America must learn from the UK about the future of Islamist subversion
March 5, 2010
Rabbi Berel Wein: Golden Calf still with us --- except it has multiplied
JWisdom.com The Limits of Eternity with Rabbi Sroy Levitansky ( 4 MINUTES)
Caroline B. Glick: Biden's lost cause
March 4, 2010
Alan M. Dershowitz: How About A Real Campaign Against Abuses?
JWisdom.com Using Things, Loving People with Rabbi Lawrence Hajioff ( 7 MINUTES)
Jordan "Gorf" Gorfinkel's Everything's Relative
March 3, 2010
JWisdom.com Grasping The Name of Your Life Game with Rabbi Warren Goldstein ( 8 MINUTES)
The Kosher Gourmet by Marialisa Calta : A cowboy's recipes for really good grub
March 2, 2010
Rabbi Avi Shafran: Someone's there
Diane Toroian Keaggy : Have we misunderstood Michelangelo?
March 1, 2010
JWisdom.com Whole in One with Rabbi David Aaron ( 5 MINUTES)
Michael Muskal: Hillary meets with Israeli official, discusses gefilte fish dispute
Feb. 26, 2010
Rabbi Francis Nataf: The Megilla of Spring
JWisdom.com A Biblical Secret for a More Powerful You with Rabbi Sroy Levitansky ( 5 MINUTES)
Caroline B. Glick: When rhetoric rules the roost
Feb. 25, 2010
The Jewish Ethicist By Rabbi Dr. Asher Meir: When walking away from your mortgage is both economically sound and makes ethical sense
JWisdom.com The Second Most Important Question in Your Life with Rabbi Yehoshua Karsh ( 5 MINUTES)
Seema Mehta : U.S.-Israel relations raised in California's Senate race --- by conservatives
Feb. 24, 2010
Rabbi Avi Shafran: The gift of the ‘prayer bomber’
Steven Emerson: Why Religious Freedom Commission is under attack
Feb. 23, 2010
Dennis Prager: Government, Yes! The Divine and Parents, No!
JWisdom.com The Last Laugh of Enlightenment with Rabbi Yaakov Asher Sinclair ( 5 MINUTES)
Anne Applebaum: Prepare for war with Iran --- in case Israel strikes
Feb. 22, 2010
Rabbi Yonason Goldson: Is it not refreshing Tiger Woods' career has crashed and burned so dramatically?
JWisdom.com Esther and the third Truth with Rabbi David Aaron ( 9 MINUTES)
Kelly Brewington: Going smoke-free may raise diabetes risk
Feb. 19, 2010
Rabbi David Aaron: Is the Divine beyond us or within us?
JWisdom.com Olympic Faith with Rabbi Sroy Levitansky ( 5 MINUTES)
Caroline B. Glick: Israel and the West are perpetrators of a myth that endangers the Jewish State
Feb. 18, 2010
Cal Thomas: Who is Rashad Hussain?
JWisdom.com A Wedding Disaster to Remember with Rabbi Y.Y. Rubinstein ( 3 MINUTES)
Feb. 17, 2010
JWisdom.com Think your life is messed up? with Rabbi David Aaron ( 11 MINUTES)
Greg Logan: 'Greatest Jewish sporting event of all time since David versus Goliath' may be postponed because of bar mitzvah
Feb. 16, 2010
Anya Martin : Boy's 'cerebral palsy' fixed with diet
JWisdom.com Feet On The Street Spirituality with Gavriel Aryeh Sanders ( 8 MINUTES)
Marty Peretz: Let Europe Mind Its Own Business. It Brings Nothing To The Table Save For Mischief
Feb. 15, 2010
Herb Geduld: Lincoln and the Jews
JWisdom.com Are Our Children Really Ours? with Rabbi Mordechai Becher ( 5 MINUTES)
Susan King: 'Wolf Man' reflected writer's wartime Jewish experience

Jewish World Review May 22, 2008 / 17 Iyar 5768

Misunderstanding marriage

By Jeff Jacoby

Jeff Jacoby
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http://www.JewishWorldReview.com | CALIFORNIA'S voters, unlike their counterparts in Massachusetts, will have the last word on what marriage means in their state. When the highest court in Massachusetts conjured up a constitutional right to same-sex marriage, 170,000 Bay State voters petitioned for an amendment to the state constitution that would restore the age-old definition. Their effort died on the vine when the Legislature derailed the measure before it could reach the ballot.


But citizen initiatives aren't so easily thwarted in California, where last week the state supreme court, in a 4-3 ruling, likewise overturned the timeless understanding of marriage as a union of male and female. Some 1.1 million signatures have already been submitted on behalf of a constitutional amendment making clear that "only marriage between a man and a woman is valid or recognized in California." That is far more than needed, making it virtually certain that Californians will have an opportunity to override the court's presumptuous diktat.


And override it they should, for numerous reasons. Here are three:


It is not the business of judges to make public policy.


Reasonable men and women can disagree on whether same-sex unions should be granted legal recognition, or whether such recognition should rise to the level of marriage. The place to work out those disagreements is the democratic arena, not the courtroom.


"From the beginning of California statehood," the court's majority opinion admits, "the legal institution of civil marriage has been understood to refer to a relationship between a man and a woman." Eight years ago, Californians decisively affirmed that understanding when they adopted Proposition 22, the California Defense of Marriage Act, in a 61-39 landslide. To have legitimacy, any change in that consensus must come from the people or their elected representatives, not be forced upon them by an imperial judiciary.


The radical transformation of marriage won't end with same-sex weddings.


In American law, certain conditions of marriage have always been nonnegotiable. A marriage joins (a) two people (b) of the opposite sex (c) who are not close relatives. Under that venerable definition, there can be no valid same-sex marriage, no polygamous or other plural marriage, and no incestuous marriage. But if the opposite-sex requirement is an unconstitutional infringement on the right to marry - which the California court explains as "the right of an individual to establish a legally recognized family with the person of one's choice" - then so are the restriction of marriage to two people and the ban on incestuous marriage. If two women who wish to marry each other must be permitted to do so, why not two sisters? Why not three?


In a footnote, the California court weakly tries to evade the consequences of its holding. Gay and lesbian couples are entitled to marry, writes Chief Justice Ronald George, but that "does not mean that this constitutional right . . . must . . . extend to polygamous or incestuous relationships." Why not? Well, because "our nation's culture has considered the latter types of relationships inimical to the mutually supportive and healthy family relationships promoted by the constitutional right to marry." So while the bar to homosexual marriage must be overturned because the court considers the public's opposition to it outdated, the public's opposition to incest and polygamy is still a good reason to bar them. As one of the dissenters notes, such logic invites a future court to overturn those prohibitions as well.


Society has a vested interest in promoting only traditional marriage.


Men and women are not interchangeable, and same-sex unions - no matter how devoted and enduring - cannot take the place of a married husband and wife. The essential function of marriage is to unite male and female. That is the only kind of union that can produce new life, and therefore the only kind of union in which society has a survival stake.


Of course many gay and lesbian relationships are stable, loving, and happy. But since they cannot do what marriage can - bind men and women to each other and to the children that their sexual behavior may produce - they have never been regarded in the same light as marriage. Somehow, that crucial distinction eluded a majority of the California Supreme Court. Happily, California voters will soon have the chance to make things right.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Jeff Jacoby is a Boston Globe columnist. Comment by clicking here.

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