Matt Franck’s testimony to the NJ Legislature against same-sex marriage

I applaud Governor Christie’s stated intent to veto this bill if it reaches his desk, and I applaud his call for putting this question directly before the people at the polls. The question of same-sex marriage is for the whole society to decide, not for legislators seeking to undo alleged “discrimination,” and not for judges on supposed “constitutional” grounds. This is a “constitutional” question in quite another sense—that is, it is a constitutive question, about an institution that is foundational of society itself, and even more basic than our constitutions. Thus the question should always be referred to the people themselves at the polls—and not decided by their legislators, or by judges.