by Tom Shaheen
“If the traditional institution of marriage is to be restructured, as sought by Plaintiffs, it should be done by a democratically-elected legislature or the people through a constitutional amendment, not through judicial legislation that would inappropriately preempt democratic deliberation regarding whether or not to authorize same-sex marriage.”
Those are the words of U.S. District Court Judge Alan Kay, who rejected arguments from two lesbians who said that Hawaii’s 1998 Defense of Marriage Act (DOMA) is somehow unconstitutional (according to a Honolulu Civil Beat story).
According to court documents released Wednesday, Judge Alan Kay dismissed the lawsuit, Jackson v. Abercrombie, saying that a decision like this should be left to the Legislature — not the courts.
This case again highlights the need for Pennsylvania lawmakers to PROTECT OUR DEFENSE OF MARRIAGE ACT (1996) from this growing type of lawsuit, by passing a Marriage Protection Amendment to our state constitution, declaring marriage in Pennsylvania will remain as the union of husband and wife.