On the recordJuly 22, 2004
I want to agree with that. This is an important decision, one that defines us as a country. Who should make that decision? The gentleman from Maryland said an individual, every individual, ought to make that decision about marriage. Is that so? A man and a woman? Or two men? Or two women? What about a man and two women? What about a man and three women? What about a man and his first cousin? What if a man chooses to marry his daughter? Is that not an individual decision? Of course not. What if a man decides to marry a 12-year-old young lady? We said, no, that is not an individual decision. It is a decision of law. That is who makes it. The people make it the law. The gentleman from Maryland said we are a Nation of laws, not people; and that is why it is up to the people to make the decision through their elected Members, their elected representatives, not the courts. What about letting the courts be the final arbiter of the Constitution? Thomas Jefferson said on August 18, 1821 that it was a very dangerous doctrine for the Supreme Court to be the final arbiter of what the law is.
Source
govinfo.gov




