Is Same Sex Marriage Really Coming to America?

Most of us don't realize how close America is to officially capitulating to same sex marriage. Since a marriage consummated in one state is valid in another, it only takes one state to effect the remaining forty-nine (49) states and territories.

We recently dodged two bullets. The first was in Hawaii and the second in Alaska. Although we ultimately had great victories in both states, the battle was too close for comfort.

A state court in Hawaii interpreting the equal protection clause of the Hawaiian Constitution ruled that the ban on same sex marriage was unconstitutional. The court reasoned that the equal protection clause in the Hawaiian Constitution prohibited gender discrimination. The state statute that limited marriage to a male and female was considered gender discrimination because a man could not marry a man and a woman could not marry a woman. In response to this ridiculous decision, the voters in Hawaii put forth a referendum to add a provision to the state Constitution. In November of last year, the voters overwhelmingly passed the referendum by a margin of more than seventy percent (70%). The referendum states that the legislature has the power to define marriage. The legislature had already prohibited same sex marriage. For now, the battle is finished in Hawaii although the governor of that state promised to lobby for homosexual legislation and may well try to change the legislative statute restricting same sex marriage.

Similarly, an Alaskan state judge found a constitutional right to same sex marriage under the Alaskan Constitution. The Alaskan judge used the equal protection clause that was added to the Constitution during the push for an Equal Rights Amendment in the 1970's. Responding to this judicial activism, the voters in Alaska proposed a Constitutional Amendment banning same sex marriage. The Alaskan voters overwhelmingly passed this amendment by a margin of more than seventy percent (70%) in November of 1998. Now the Alaskan Constitution specifically bans same sex marriage.

The judicial battle has now turned to the state of Vermont. Toward the end of last year, arguments were presented before the Vermont Supreme Court. Same sex advocates argued that prohibiting same sex marriage violates the Vermont Constitution. According to one person who observed the arguments, the judges seemed to be leaning toward granting same sex marriage. However, in Vermont there are certain political pressures that may be applied to the judges. The Vermont legislature has to reappoint the judges. The legislature meets in April and some have questions whether the legislature will refrain from reappointing the judges until they see how the court rules.

The battle over same sex marriage must be waged and won in each state. If one state legally adopts same sex marriage, homosexuals will rush to that state, obtain a marriage license, and then go back to their home state demanding that the home state recognize the out of state license. To address the situation Congress passed the Defense Of Marriage Act which states that from a federal state point one state does not have to recognize a same sex marriage consummated in another state. However, the individual states must specifically restrict same sex marriage. So far, thirty (30) states have passed statutes banning same sex marriage. All of these statutes have passed by votes in excess of seventy percent (70%). Twenty (20) states remain unprotected. Just because a state has a statute banning same sex marriage does not mean there won't be long drawn out legal battles.

We must protect the remaining twenty (20) states by passing state Defense Of Marriage Acts which bans same sex marriage on the state level. Then we must be prepared to defend every state and territory where same sex marriage challenges arise. Liberal groups will certainly challenge the constitutionality of these statues banning same sex marriage. The litigation task ahead of us is enormous.

In addition to same sex marriage, the homosexual agenda is being fought on other fronts. Recently, one of the largest law firms in the country employing approximately one thousand (1,000) attorneys put before its social committee a task of challenging statutes that ban homosexual adoption. This particular law firm not only has national but international branches. Its an extremely politically powerful law firm. The next American Bar Association president is a member of this firm. When one Christian partner in the law firm found out about this agenda, he contacted Liberty Counsel. We provided the partner with stacks of information, legal cases, and historical studies. After digesting the material over the weekend, the partner called a few other law firm partners and presented their case to the social committee. Based upon this presentation, the committee decided not to pursue this cause. One high ranking partner recently stated that no one had ever resisted a social agenda of the law firm and this was the first time that such an agenda had been rejected. If it had not been for this one Christian attorney and the information we gave the attorney through Liberty Counsel, the law firm at this moment would be challenging statutes around the country that ban homosexual adoption. The law firm is extremely powerful and well connected and would have had a tremendous impact on homosexual adoption laws.

Additionally, municipalities are passing sexual orientation policies. Liberty Counsel is challenging the Dade County, Florida policy that passed in December of 1998. In January, Broward County, Florida where Fort Lauderdale is situated, passed a domestic partnership ordinance. Louisville, Kentucky also passed a sexual orientation policy as did Columbus, Ohio, and Broward County, Florida. However, in Columbus, the voters went through a referendum to overturn the city councils adoption of the sexual orientation policy.

The homosexual issue is an enormous battle for the civil liberties and the Judeo Christian moral fabric of our country. If this country officially embraces same sex marriage, the future of our country is doomed. No civilization has officially embraced homosexuality or same sex marriage without self-destructing. Granting a marriage license to those of the same sex is the country's stamp of approval on an aberrant, perverted, and broken sexual life style. The future of our children is at stake.

My sister's five year old grandchild recently approached her when she heard about one of the Teletubbies called Tinky Winky. A homosexual columnist Michael Musto pointed to Tinky Winky as a gay symbol. As only a five year old could put it, she said "MaMaw, there's not supposed to be boyfriend and boyfriend. There's supposed to be boyfriend and girlfriend."

This is the generation that we are fighting for. The battle is for the heart and soul of America.

For more information, contact Liberty Counsel at 1-800-671-1776 or e-mail us at liberty@lc.org.

HELP STOP SAME SEX MARRIAGE IN YOUR STATE

Call and ask for sample language which can be introduced in your state to enact a Defense Of Marriage Act. Call 1-800-671-1776.

States Currently Banning Same Sex Marriage:

Alabama, Alaska, Arkansas, Arizona, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington.

States Not Currently Banning Same Sex Marriage:

California, Connecticut, Colorado, Louisiana, Maryland, Massachusetts, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Texas, Vermont, West Virginia, Wisconsin, Wyoming.