National Organization for Marriage president Brian Brown joined Steve Deace on Friday to discuss the marriage equality cases being argued this week at the Supreme Court. If the Court rules broadly in favor of equality, Brown said, NOM would turn its focus toward advocating for a Federal Marriage Amendment banning marriage equality throughout the country. Responding to conservatives who are concerned about the Federal Marriage Amendment’s infringement on states’ rights, Brown invoked Abraham Lincoln: “We need a solution in this country, we cannot be, as Lincoln said, half slave, half free. We can’t have a country on key moral questions where we’re just, where we don’t have a solution.”
I think we’re going to win these cases. But say the worst happens and we lose in a broad way – that means that the Court somehow does a Roe, a Roe v. Wade, on marriage and says that all these state constitutional amendments are overturned, gay marriage is now a constitutional right – well, we’re going to press forward on a Federal Marriage Amendment. We’ve always supported a Federal Marriage Amendment, and there’s a lot of misconceptions about it. Some people try and argue, ‘Well, this is against federalism.’ No, our founders gave us a system where we can amend the Constitution. We shouldn’t have to do this, we shouldn’t have to worry about activist judges, you know, making up out of thin air a constitutional right that obviously none of our founders found there and no one found there until quite recently. But if we do, for us, the Federal Marriage Amendment is a way that people can stand up and say, ‘Enough is enough.’ We need a solution in this country, we cannot be, as Lincoln said, half slave, half free. We can’t have a country on key moral questions where we’re just, where we don’t have a solution. And if the Court forces a solution, the way we’ll amend that is through the Federal Marriage Amendment.