The case for a marriage amendment

Villanova law prof Robert Miller has posted his testimony before the Pennsylvania Senate in support of a state constitutional amendment banning same-sex marriage.  It's well worth reading; here's an excerpt:

Based on my work in moral and legal philosophy, I have views on many of the considerations that these arguments [about same-sex marriage] raise. In general, I think the first [traditional] view is more likely to be correct. That, however, is not what is important here. What is important is that I recognize, and I think any honest person who looks at the arguments has to recognize, that the issues surrounding same-sex marriage are both very complicated and very deep. Any definitive view of the matter requires that a person, at least implicitly, take positions on any number of moral, philosophical, political, sociological, and empirical questions. As I consider these matters, my overwhelming impression is that the only thing obvious and certain about the question of same-sex marriage is that reasonable people can in perfect good faith disagree about this question.

But if resolving the issue of whether the state should recognize same-sex marriages or the equivalent requires us to make many difficult judgments in, among other areas, morality, philosophy, and politics, and if the question is one about which reasonable people can disagree in good faith, then it is clear to me that the issue is not one that should be resolved by courts. Courts are composed of judges, and judges are lawyers, and lawyers have expertise in the law. Legal knowledge and legal skills of the kind we convey in law schools will not resolve deep moral, philosophical, and political issues like those involved in the same-sex marriage dispute. The issues involved in same-sex marriage are much bigger than legal issues. They touch on profound questions such as the foundations of morality and meta-ethics, the relationship between the individual and the state, and the meaning of human sexuality. Lawyers, even judges, are no better than anyone else in forming opinions on such profound questions. In fact, on average, lawyers may even be worse than other people in dealing with such questions, for lawyers are often tempted to apply legal methods, at which they are adept, to philosophical problems, for which such methods are necessarily inadequate.