FACT Report: October 30, 2013

Roe v. Wade and Same-sex Marriage (October 30, 2013)

Attorneys for same-sex couples that sued to strike down Tennessee’s marriage law might try to take a page out of legal playbook used in Roe versus Wade.

Forty years ago, the Supreme Court relied on the then-current state of medical knowledge and technology to sweep aside a state’s right to value life by protecting the unborn.

Now, these same-sex couples are likely to point to medical technologies that allow them to “get pregnant” and to scientific “studies” that supposedly say children do just as well with two dads as with a mom and a dad.

But the Roe case should have taught us law must be based on moral judgments, not the sifting sands of scientific research. The Court made a mess of abortion by relying on science. Hopefully it won’t repeat the same mistake with respect to marriage.

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Read more about this issue in David Fowler’s recent commentary, Don’t Roe Out Marriage in Tennessee