The U.S. Supreme Court's recent
refusal to hear cases upholding same-sex marriage will only ensure the issue rages for years to come, says Tony Perkins, president of the Family Research Council.
"The court did a back-alley-type Roe v. Wade judicial decision by letting the lower courts do their evil bidding," Perkins said on
"Fox News Sunday."
When the Court in 1973 "imposed abortion on the nation" it was to "resolve the issue," Perkins said. "Forty-one years later, that issue is now a political issue in every election from president on down."
Ted Olsen, a conservative lawyer who represented plaintiffs in Virginia, disagreed, saying federal courts were handling the issue "in an appropriate and proper way."
Olsen said the analogy shouldn't be to Roe v. Wade, but to the 1967 Supreme Court decision that struck down the bans on interracial marriage.
"We have a Constitution and a bill of rights precisely because we want protections from majority rule," he said.
Perkins countered that same-sex marriage doesn't to bans on interracial marriage because the latter is "an arbitrary boundary created by man between the races. That doesn't exist in nature."
There is, he argued, a natural boundary between people of the same sex getting married.
"They can't procreate. There's nothing in nature to say that that's normal," Perkins said.
Nineteen states currently allow same-sex marriage, and the Supreme Court's lack of action would raise that number to 35.
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