In American law, the “rights revolution” of the last five decades shows scarcely any signs of abating. Federal and state judges continue to invalidate laws on flimsy constitutional grounds, justifying their actions on the basis of invented notions such as “the right to privacy” and strained readings of established legal principles such as the “equal protection of the laws.” In some states, judges effectively wield more power than legislators, as evidenced by the judicial imposition of “same-sex marriage” in Massachusetts (2003) and Connecticut (2008).

Left-leaning judges and their allies in the legal academy have no dearth of causes to champion, especially causes relating to sexual politics. If they achieve today’s overriding goal—redefining marriage in all fifty states—they will soon embark on something else.

Children have been the...

 

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