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What the Gay-Marriage Ruling Means for Education

Written by Frederick M. Hess

Like fascists, Communists, and boy-band producers, the American Left has always believed it could fine-tune human nature if it could only “get ’em while they’re young.” That’s why the Left works so hard to impose its will on schools and universities. As John Dewey, America’s high priest of educational progressivism, explained in 1897, the student must “emerge from his original narrowness” in order “to conceive of himself” as a cog in the larger social order.

Last week’s gay-marriage ruling will yield a new wave of liberal efforts to ensure that schools do their part to combat wrong-headed “narrowness.” Justice Anthony Kennedy’s sweeping 5–4 decision in Obergefell v. Hodges opened by declaring, “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.” Kennedy took pains to opine that marriage “draws meaning from related rights of childrearing, procreation, and education.” In finding that the Fourteenth Amendment secures the right to “define and express [one’s] identity,” the Obergefell majority has issued a radical marker. (If gay marriage had been established by democratic process, things might have played out in a more measured manner.)

Justice Samuel Alito predicted, “Today’s decision . . . will be used to vilify Americans who are unwilling to assent to the new orthodoxy,” and “they will risk being labeled as bigots and treated as such by governments, employers, and schools.” Alito is almost assuredly right, and that poses serious questions for schools and colleges.

At the collegiate level, the implications are pretty clear — especially for religious institutions. Christian colleges are going to find their nonprofit tax status under assault unless they agree to embrace gay marriage. (The relevant precedent is the 1983 Supreme Court ruling that enabled the IRS to strip Bob Jones University’s tax-exempt status because of the school’s ban on interracial dating.) Policies regarding “family housing,” employee benefits, use of chapels for marriages — all will come under fire. And then we’ll start getting to questions of readings, campus programs, and curriculum, where familiar First Amendment rights will clash with the new Fourteenth Amendment right to “define and express [one’s] identity.” For religious colleges stripped of their nonprofit status, many — if not most — will be compelled to close their doors. (It’s safe to say that plenty of progressives would regard this development as a bonus).

More broadly, the Chronicle of Higher Education reports that gay-rights advocates believe the decision will “help them move on to other issues, such as access to higher education and mental-health concerns for young LGBTQ students of color and transgender students of color.” Shane Windmeyer, executive director of Campus Pride, said, “I’m hopeful we can now say we won one game; now the next game is looking at trans rights, how we treat queer people of color, especially first-generation LGBTQ students of color.”

LBGT crusaders are also pushing for big changes in K–12 public schooling. Education Week’s legal-affairs reporter noted that the decisions “holds various implications for the nation’s schools, including in the areas of employee benefits, parental rights of access, and the effect on school atmosphere for gay youths.” I can’t say with certainty what’s coming. But here are four things to watch for. Expect demands for schools to amp up their efforts to feature “nontraditional” families in all kinds of contexts.

Educators have long celebrated “diversity.” Now they can expect heightened pressure to do more, and to ensure that nothing stymies a student’s “identity.” When a tiny handful of social crusaders complain that this play feels too stereotypically masculine or that those stories don’t include enough LGBT students, they’re going to pull Obergefell out of their pocket. Things will prove particularly contentious in history, where a dearth of gay marriages and nontraditional families will invite creative efforts to “balance” things out.

School leaders have judged that American flag T-shirts are unacceptably provocative when worn on Cinco de Mayo. Clothing and artifacts perceived as hostile to another’s “defined and expressed” identity, such as badges of religiosity, may well come under the closest of scrutiny. After all, the Court has long held that freedom of speech and religion may be circumscribed in educational settings. Now, protestations on behalf of free expression and free speech can be answered with Fourteenth Amendment claims.

Expect demands for schools to amp up their efforts to feature “nontraditional” families in all kinds of contexts. Schools may be scrutinized for the mixture of families that wind up in posters, brochures, student art displays, instructional materials, and the rest. Failure to include a satisfactory percentage of gay parents (or other nontraditional family groupings) may be judged evidence of a hostile environment.

And casual language will have to change. Teachers may instinctively ask a volunteer father about his wife or mention mothers and fathers; when they do, it won’t be long until a sensitive parent decides that this kind of “heteronormativity” is an unconstitutional violation of their identity. Pity the poor assistant principal who knows two parents are attending a meeting and mistakenly asks the woman sitting in the office if her “husband” is running late — rather than asking about her “spouse.” In the wrong circumstances, that could be a career-ender. Minimizing such mistakes means schools will soon be at pains to replace the terminology of “moms and dads” with that of genderless dyads.

America’s principals, superintendents, and school boards generally don’t have a lot of stomach for waging these fights. Even those who hate being bullied don’t want the exhausting slog or public criticism. Far more likely is that they’ll pack it in, lending Justice Kennedy’s rhetorical flourishes a practical import even he may not have imagined.


— Frederick M. Hess is director of education-policy studies at the American Enterprise Institute.  This article was originally posted at National Review Online.




SCOTUS Redfines “Marriage” as “Love”

Written by Diane Medved

President Barack Obama was so romantic when commenting on the U.S. Supreme Court 5-4 ruling that same-sex marriage be permitted nationally.  “Love is Love,” he declared, in a puzzling statement of the obvious.

Yes, love is love. But it is not marriage, though the president implied that’s so. Do all people who deeply love each other naturally want to marry?

The nursery rhyme that “love and marriage go together like a horse and carriage” is as outdated as the horse and carriage. Nowadays more Americans are single than married. Many live together; many just hook up. Others cultivate relationships for years but don’t marry.

Love is love. It is a feeling. It can waver and wane and disappear. More marriages based on how spouses feel will mean more divorces, and divorce is inevitably sad, divisive and, when children are involved, becomes difficult, uncomfortable and complicated.

Redefining institutions is a dangerous business. Changing an institution into a feeling is absurd, but it has happened. Marriage, in every culture, through all time, was the setting designated as the procreative, child-rearing core of societies. Without the purpose of man and woman creating offspring that they together raise, marriage would not have endured. Why would the world’s major religions sanctify–set aside–marriage as a glorified institution if societies have no stake in its welfare? Marriage would have faded or morphed thousands of years before if it was defined as a declaration of feelings.

But now that the Supreme Court has decided love is the legally recognized criterion for marriage, they’re going to have a tough time upholding other criteria. Triplet sisters with a close bond certainly deserve to marry as much as two strangers! And should they decide to obtain sperm and become pregnant, isn’t it nicer for a child to have THREE mothers rather than merely two? Doesn’t a child deserve more legally recognized love, rather than less?

Love is love, and now it’s marriage. Love comes in many different types, none more than a mother for her child. I know many who claim their mothers are their best friends. That bond cannot be surpassed; who is to say it is less permanent than those of the same generation? Children should be able to marry their mothers. At age 4, my son Danny pledged to marry me. I remain solidly married to his father and Danny chose a brilliant wife, but we continue our commitment to each other, so why not marriage?

Love is love, so if someone currently married to another–or others–finds a willing person to add to his/her constellation of love, then clearly under the new definition, he should not be denied marriage. Isn’t it better for children if Mom and Dad or Moms and Dads, remain together? Why should the government require divorce? Isn’t that bad for children? Isn’t divorce economically disruptive? Love is love. How dare the government limit one’s love to just one other person?

Ahh, but government makes many inconsistent laws. When logic dictates one thing, legislators often ignore it. Love is marriage for gay and straight unrelated couples. Love as marriage is forbidden if you love too many people, or love family members or have no divorce.

There are many ways to show respect for those with all sexual orientations. Government does not impede private relationships between people. But like every other culture at every other time, our nation retains a stake in children being born and raised in the environment that offers them the best opportunity to thrive.  That is the only relationship that should be encouraged. Every person is worthy of respect, but not every relationship is worthy of marriage.

The American version of the English language is confused when love is defined as marriage and marriage defined as love. Feelings make poor basis for reliability and predictability, and so with this change, all marriages become tougher to uphold and defend.


This article was first published at the Micheal Medved blog.




Follow the Money: HRC/Amicus Brief

Written by Chris Walker

This past Tuesday, the U.S. Supreme Court of the United States heard arguments for Obergefell v. Hodges in what is shaping up to be a landmark case in the national marriage debate. At issue are the questions of whether the Fourteenth Amendment requires states to license marriages between two people of the same sex and whether the Fourteenth Amendment requires states to recognize marriages between two people of the same sex licensed and performed out-of-state.

By now, conservatives should be very familiar with an influential organization that has carried the banner for same-sex marriage advocacy, the Human Rights Campaign. However, many may be unaware of the powerful network of corporations that are involved with HRC’s longstanding push to overturn marriage laws in America.

Just a few years back, HRC organized the Business Coalition for DOMA Repeal as a series of cases, such as Windsor, challenging the federal Defense of Marriage Act were heading to the Supreme Court. Fast-forward to 2015 and we see a growing number of corporations advocating for ultimate overhaul of state marriage laws in Obergefell.
In March of this year, 379 business entities signed an amicus brief urging the Court to rule against traditional marriage laws. Not surprisingly, many of the companies signing the brief are listed as corporate supporters of HRC. Just a few examples of these include American Airlines, Bank of America, Coca-Cola, Pepsi and Starbucks.
Other signers that are also confirmed sponsors of the annual HRC National Dinner include Marriott, Microsoft and Wells Fargo.

2nd Vote has compiled a resource page that list the companies involved with HRC, as well as the companies advocating against traditional marriage laws. This page also includes a list of all the signers of the amicus brief and links to the language contained in the brief.

CLICK HERE to see the list of corporate sponsors.

In dissent of Windsor, Justice Antonin Scalia appears to have been eerily prescient in his criticism of the majority’s ruling when he wrote: By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition. Indeed, the ruling in Windsor gave groups like HRC a valuable rhetorical tool to enlist the support of major corporations to fund their agenda.

However, that agenda that we actually fund by doing business with many of these companies goes against our values on several levels. Recently, we have seen major corporations in Indiana eagerly joining the campaign to spread disinformation on laws protecting religious liberty. Perhaps just as concerning, we see the business alliance with HRC pushing for judicial activism that could threaten the very tenets of the legislative process and federalism.

Conservatives should inform themselves on the potential ramifications of Obergefell and hold these companies accountable for their advocacy that benefits their own self-interest, which the evidence shows is not constitutionalism, nor is it the defense of our most sacred social unit.


 

Chris Walker is the Executive Director of 2nd Vote, a conservative shopper app. To find out more, download the free app or visit 2ndVote.com. Originally posted at Redstate.com.