Marriage 'a legitimate state interest,' says judge

Tuesday, December 4, 2012
Charlie Butts (

One expert asserts that a Nevada federal judge is right about homosexual "marriage."

The decision favoring traditional marriage came from Judge Robert Jones in a lawsuit filed by two lesbians seeking to strike down Nevada's ten-year-old amendment protecting traditional marriage as unconstitutional.

Barber, Matt (Liberty Counsel)Matt Barber of Liberty Counsel Action believes Judge Jones' decision is one the U.S. Supreme Court can look to as it addresses the "issues of counterfeit same-sex marriage."

"There are common-sense restrictions that are placed on the institution of marriage that we all must adhere to," Barber notes. "For instance, an adult cannot marry a minor child; a person cannot marry somebody who is too close to them from a familial standpoint; people cannot marry their house plant."

Judge Robert Jones expressed in his 41-page opinion that homosexuals are not being denied the right to marry; they simply have to abide by the same criteria as everyone else.

"Homosexuals have not historically been denied the right to vote, the right to serve on juries, or the right to own property," he writes. "The protection of the traditional institution of marriage, which is a conceivable basis for the distinction in this case, is a legitimate state interest." He adds that if the state recognized same-sex couples' marriages, heterosexuals might "cease to value the civil institution as highly as they previously had and hence enter into it less frequently."

"The judge here points out that the state, because marriage the institution confers a benefit on society, then society, the state, the government has the right and indeed the duty to maintain the definition of marriage as it has always been -- between a male and female," Barber relays.

As the Supreme Court prepares to deal with homosexual marriage issues, the Liberty Counsel attorney hopes justices will consider the consequences of deconstructing traditional marriage.

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