Rubio: Supreme Court made “serious mistake” striking down DOMA

Pro-gay marriage advocates celebrate at the US Supreme Court.

Washington, D.C. – U.S. Senator Marco Rubio (R-FL) released the following statement on today’s U.S. Supreme Court rulings:

“I believe the Supreme Court made a serious mistake today when it overstepped its important, but limited role.  I do not believe that President Clinton and overwhelming bipartisan majorities of both houses of Congress acted with malice or intent to ‘demean’ a class of people when they adopted a uniform definition of marriage for the purposes of federal law.  The Court should not have second guessed the will of the American people acting through their elected representatives without firm constitutional justifications.  The sweeping language of today’s majority opinion is more troubling than the ruling itself as it points to further interference by the Court in the years to come.

“I recognize that the definition of marriage and the legal status of same-sex relationships is a deeply personal and emotional issue for Americans of a variety of viewpoints.  These types of disagreements should be settled through the democratic process, as the Founders intended, not through litigation and court pronouncements.

“For millions of Americans, the definition of marriage is not an abstract political question, or some remote legal debate.  It’s a deeply personal issue. It’s an issue that I have grappled with as well.

I believe that marriage is a unique historical institution best defined as the union between one man and one woman. In the U.S., marriage has traditionally been defined by state law, and I believe each state, acting through their elected representatives or the ballot, should decide their own definition of marriage. For the purposes of federal law, however, Congress had every right to adopt a uniform definition and I regret that the Supreme Court would interfere with that determination.

“I appreciate that many Americans’ attitude towards same-sex marriage have changed in recent years. I respect the rights of states to allow same-sex marriages, even though I disagree with them. But I also expect that the decisions made by states like Florida to define marriage as between one man and one woman will also be respected.

I do not believe there exists a federal constitutional right to same-sex marriage. Therefore, I am glad the Supreme Court did not create one in the Proposition 8 case.

“Rather than having courts redefine marriage for all Americans, my hope is that the American people, through their state legislatures and referendums, can continue to decide the definition of marriage.  It is through debates like this that the brilliance of our constitutional system of democracy, and the inherent goodness of our people, is revealed.

“My hope is that those of us who believe in the sanctity and uniqueness of traditional marriage will continue to argue for its protection in a way that is respectful to the millions of American sons and daughters who are gay. It is also my hope that those who argue for the redefinition of marriage to include same-sex marriage will refrain from assailing the millions of Americans who disagree with them as bigots.” [Emphasis added]

EDITORS NOTE: 

Florida in 2008 passed an amendment to the Florida Constitution defining marriage as between one man and one woman.  Amendment 2 added Article I Section 27 of the Florida constitution, which states:

Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.

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