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10/27/2004 4:43:21 PM
Home School Legal Defense Association
Utah--Vote "Yes" on Amendment 3

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From the HSLDA E-lert Service...
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October 27, 2004


Utah--Vote "Yes" on Amendment 3


Dear HSLDA members and friends:

Next week voters will decide whether to amend the Utah Constitution to
define marriage. I write to explain why this issue is so important to
our long-term freedoms.

Homeschooling is legal in America because the Supreme Court ruled, in
1925, that "the child is not the mere creature of the state." In
Pierce v. Society of Sisters, 268 U.S. 510 (1925), the United States
Supreme Court struck down an Oregon law that would have abolished all
private schools. That case limited state power over families. In
that case, and in subsequent cases, the Supreme Court has upheld the
fundamental rights of parents on the basis of the unique status of
marriage and the family in Western Civilization. Our homeschool
freedoms are based on that legal foundation.

The Supreme Court recognized a fundamental human right in the Pierce
case, but it did not create it. Parental rights are not a gift from
the state, but from God, who alone can give the gift of life to
parents. When a man and a woman pledge their lives to one another in
marriage, they create a family government. Each child born to that
couple comes under the loving control of those parents, who have the
duty and high obligation to prepare those children for their future.
When the state invades the family unit, it profanes a sacred space.

If we allow state court judges to undermine the family through
marriage alternatives, the uniquely
protected constitutional status of the family will be forever lost.
The state can invade the family unit by kicking down your door and
taking your child away, but it can invade the family by trying to
redefine marriage, too. Marriage between one man and one woman
existed before Utah was a state; before America was a nation; before
democracy was a viable form of government. Marriage was not created
by the state, and it cannot be redefined by the Legislature.

Some argue that Amendment 3 gives the state too much power over
marriage. They say the state should not be involved in making any
laws affecting marriage. This novel argument has no precedent in
American law. States may not change marriage, but they should uphold
it. Marriage is like human life, in this respect: no government
official can create a life, but every government official should
protect it. It is up to you to keep it that way!

Unfortunately, judges all across America are using the power of the
bench to create alternatives to marriage, which necessarily reduce
parental rights. The judicial elites are ready to reject the American
model of the nuclear family unless "we the people" rise up to stop
them. A "yes" vote on amendment 3 upholds marriage. A "no" vote lets
the government redefine the family at will. Please vote "yes" on
amendment 3!


Sincerely,

Scott W. Somerville
HSLDA Staff Attorney
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