Jul 8, 2011
It might surprise the New York State legislature, fresh off its legalization of same-sex marriage last week, to know this isn’t our first national debate about marriage.
In the 19th century, Mormons in Utah forced a different debate. The Supreme Court upheld a ban on polygamy in 1885 with these words:
“Certainly no legislation can be supposed more wholesome and necessary in the founding of a free, self-governing commonwealth … than that which seeks to establish it on the basis of the idea of the family, as consisting in and springing from the union for life of one man and one woman in the holy estate of matrimony; the family is the sure foundation of all that is stable and noble in our civilization; the best guarantee of that reverent morality which is the source of all beneficent progress in social and political improvement.”
The court held what once was obvious: “traditional” marriage is the basis of a free society.