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Austin Nimocks DOMA Testimony (prepped for 07/20/11)

Austin Nimocks DOMA Testimony (prepped for 07/20/11)

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12/28/2012

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StSenior L
Page
1
of 
7
 
United States SenateCommittee on the JudiciaryHearing on S.568July 20, 2011atement of Austin R. Nimocksegal Counsel, Alliance Defense Fund
 
 
 As debates rage thesI am pleased that this bodyarguably the two most impgives us the opportunity toand also examine a questgovernment in the marriage As you are aware,margin, stating that “[a]t bprotecting the institutionabiding interest in encouraput, government has anchildren.”
1
This truth remanational research survey oMay 19, 2011, we know thdefined only as a union betwIt is noteworthy thatstatute, but a social institusociological, geographical, aBertrand Russell, a self descof any institution concernedrelations become of importalegal institution.”
4
In theStrauss, “the family—basedof two individuals of opposi
1
H.R. Rep. No. 104-664, at 13 (19
2
 
See 
Press Release, Alliance Defeone woman, nothing else (June 16visited July 18, 2011). This resultacross the country regarding ma Voter Percentageshttp://oldsite.alliancedefensefund.visited July 18, 2011).
3
Bertrand Russell,
Marriage & 
40-41 (1985) (“the family—basedindividuals of opposite sexes whopractically universal phenomenon
Marriage Systems 
2 (1988) (“Mspecific woman and her offsprinGreat Britain,
Notes And Querie 
between a man and a womanlegitimate offspring of both partne
4
 
Id.
at 96.
Page
2
of 
7
 
days regarding budget deficits, debt ceis taking time to discuss the jobs of mothortant jobs in our society. This particxamine the roles of mothers and fathersion oftentimes overlooked in these debusiness?ongress enacted Federal DOMA in 19o
 
ttom, civil society has an interest in mf heterosexual marriage because it hging responsible procreation and child-rnterest in marriage because it hasns today, and as evidenced by likely the American’s attitudes about marriage,at 62% of Americans agree that “marreen one man and one woman.”
2
 the topic at hand is not just a mere lawion that has universally crossed all polind historical lines. As put by the famoribed atheist: “But for children, there wwith sex.”
3
“[I]t is through children aloce to society, and worthy to be taken cogords of highly respected anthropologison a union, more or less durable, but socte sexes who establish a household and
6),
reprinted in 
1996 U.S.C.C.A.N. 2905, 2917.nse Fund, Married to marriage: 62% of American, 2011), http://www.adfmedia.org/News/PRDetail/unsurprisingly correlates to the collective votesrriage.
See 
Alliance Defense Fund, State Marr As of Julyrg/userdocs/MarriageAmendmentVotePercentag
orals 
48 (Routledge Classics, 2009).
See also 
 
Th 
on a union, more or less durable, but sociallystablish a household and bear and raise childre, present in every type of society.”); G. Robina Qrriage, as the socially recognized linking of a, can be found in all societies.”);
cf  
. Anthropol
on Anthropology 
71 (6th ed. 1951) (defining mauch that children borne by the woman are rrs”).
ings, and jobs,r and father— lar legislationin our society,bates—why is6 by an 84%intaining ands a deep andearing. Simplyn interest inmost extensivecompleted onage should beor creature of tical, religious,s philosopher,uld be no needne that sexualnizance of by at Claude Levi-ially approved,bear and raise
say it’s one man,?CID=27539 (lastf Americans fromiage Amendment2011,s.pdf (last
e View From Afar 
 approved, of two —appears to be aale,
 A History Of  
pecific man to agical Institute of riage “as a unionecognized as the
 
 
children—appears to be a pof society.”
5
  Accordingly, from theminent scholars in evermarriage, to the legislatureto marriage, they all demonsociety is to increase the liMarriage between a man anbuilding block of society.Marriage doesn’t prothey want to live. It doconstitutional rights. Indivi
5
 
The View from Afar 
40-41 (1985)(“Marriage, as the socially recognican be found in all societies.”);
cf  
.
 Anthropology 
71 (6th ed. 1951) (that children borne by the woman
6
Samuel Johnson, for example, d
Dictionary Of The English Lan 
marriage in the same way, includ
the English Language 
(1828),ratification of the Fourteenth Amed. 1869); Joseph E. Worcester,legal dictionary from the time of example, defined marriage as “[areciprocally engage to live with eother the duties imposed by la
Dictionary Adapted to the Cons 
Prentiss Bishop,
Commentaries 
always, therefore, been deemed reshould be of different sex”). Mod
New Oxford American Dictionar 
man and a woman, typically recog
7
At present, 41% of births in the
replacement level; 41% of bi 
http://www.catholicculture.org/neIn his 1995 State of the Union awas “our most serious social p(last visited July 18, 2011). Out-
e.g., Study, Divorce, Out-of-Wedl 
 Associated Press, April 15, 2011,(last visited July 18, 2011) and
High 
Price, Michigan Family Forresources/publications/Out-of-We
Page
3
of 
7
 
actically universal phenomenon, presene lexicographers who have defined marelevant academic discipline who hand courts that have given legal recognstrate that an animating purpose of maelihood that procreative relationships bd a woman is a long-standing, world-widscribe conduct or prevent individuals frsn’t prohibit intimate relationships oduals marry, as they always have, for a
;
see also 
G. Robina Quale,
 A History of Marriag 
zed linking of a specific man to a specific woman Anthropological Institute of Great Britain,
Not 
efining marriage “as a union between a man aare recognized as the legitimate offspring of bothfined marriage as the “act of uniting a man and
uage 
(1755). Subsequent dictionaries have coing the first edition of Noah Webster’s,
 An Amer 
nd prominent dictionaries from the time of ndment,
see 
,
e.g.
, Noah Webster, Etymological D
Primary Dictionary of the English Language 
(the framing and ratification of the Fourteenth] contract, made in due form of law, by which aach other during their joint lives, and to dischon the relation of husband and wife.” John
itution and Laws of the United States 
105 (18
n the Law of Marriage & Divorce 
§ 225 (1stquisite to the entire validity of every marriage . .ern dictionaries continue to reflect the same un(2010), for example, defines marriage as “thenized by law, by which they become husband andUnited States are out-of-wedlock.
See 
 
U.S. bir rths to single mothers,
CatholicCulture.org,s/headlines/index.cfm?storyid=9843 (last visiteddress, President Clinton stated that out-of-weroblem.” http://www.let.rug.nl/usa/P/bc42/speecf-wedlock births are economic strains upon a st
ck Childbearing U.S. Taxpayers More Than $1 
available at http://www.foxnews.com/story/0,29arvis, Dan,
Out-of-Wedlock Births in Michigan: 
m Policy Brief, available at http://www.michigalock%20Brief.pdf (last visited July 18, 2011).
t in every typeriage,
6
to theave explainedtion and effectriage in everyenefit society.
7
 idea that is aom living howcurtail one’side variety of 
Systems 
2 (1988)and her offspring,
s And Queries on 
d a woman suchpartners”).oman for life.”
 A 
sistently defined
 
can Dictionary of  
the framing andictionary 130 (1st1871). A leading Amendment, forman and womanrge towards eachBouvier,
 A Law 
68);
see also 
Joeld. 1852) (“It has. that the partieserstanding.
The 
ormal union of awife.”
thrate falls below 
 Apr. 4, 2011,July 18, 2011).lock childbearinges/sud95wjc.htmte’s budget.
See,2 Billion a Year 
,3,351300,00.html
Everyone Pays a 
family.org/main-

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