Written by Kerby Anderson
1. Why has same-sex marriage become an issue?
The U.S. Supreme Court ruled 6-3 in Lawrence v. Texas on June 26, 2003 that laws against homosexual sodomy were unconstitutional. At the time, the majority claimed that a right to same-sex sodomy did not necessarily confer a right to same-sex marriage. Justice Antonin Scalia disagreed. He said that their ruling removed any justification "for denying the benefits of marriage to homosexual couples." Less than five months later, that is what happened.
On November 17, 2003, the Massachusetts Supreme Court ruled 4-3 that homosexual couples have a constitutional right to marry. The court stopped short of ordering the state to start issuing marriage licenses to same-sex couples. They placed a stay on their judgment for 180 days, "to permit the Legislature to take such action as it may deem appropriate in light of this opinion."
2. Will this decision affect other states?
A homosexual couple could be declared married in Massachusetts and then go to any one of 13 states and the District of Columbia that does not have a Defense of Marriage Act (DOMA), which defines marriage as the union of one man and one woman. The homosexual couples would be on strong legal ground to demand recognition of their marriage. The Constitution's "full faith and credit" clause requires states to recognize a compact made in another state if it doesn't conflict with its own laws.
What about the 37 states that have passed DOMA? If a homosexual couple demanded one of these states recognize their marriage, the state could face serious legal hurdles in order to sustain its law. Most likely one of these cases would make its way to the U.S. Supreme Court. Many legal scholars believe these DOMA laws could be overturned.
3. Do we need a constitutional amendment?
Yes, many people believe that these DOMA laws will be overturned by various state courts and even the U.S. Supreme Court. A Federal Marriage Amendment (H.J. Res. 56) has been introduced into the House of Representatives and already has 96 co-sponsors.
The amendment says:
"Marriage in the United States shall consist only of the union of a man and a woman. Neither this constitution or the constitution of any state, nor state or federal law, shall be contrued to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."
Under Article V of the U.S. Constitution, two-thirds of both houses of Congress must vote to propose an amendment. Then three-fourths of the state legislatures must approve the amendment for it to become part of the Constitution.
About the Author
 Kerby Anderson is National Director of Probe Ministries International. He holds masters degrees from Yale University (science) and from Georgetown University (government). He is the author of several books, including Christian Ethics in Plain Language, Genetic Engineering, Origin Science, Signs of Warning, Signs of Hope and Making the Most of Your Money in Tough Times. His new series with Harvest House Publishers includes: A Biblical Point of View on Islam, A Biblical Point of View on Homosexuality, A Biblical Point of View on Intelligent Design and A Biblical Point of View on Spiritual Warfare. He is the host of "Point of View" (USA Radio Network) and regular guest on "Prime Time America" (Moody Broadcasting Network) and "Fire Away" (American Family Radio). He produces a daily syndicated radio commentary and writes editorials that have appeared in papers such as the Dallas Morning News, the Miami Herald, the San Jose Mercury, and the Houston Post.
What is Probe?
Probe Ministries is a non-profit ministry whose mission is to assist the church in renewing the minds of believers with a Christian worldview and to equip the church to engage the world for Christ. Probe fulfills this mission through our Mind Games conferences for youth and adults, our 3-minute daily radio program, and our extensive Web site at www.probe.org.
Further information about Probe's materials and ministry may be obtained by contacting us at:
Probe Ministries
2001 W. Plano Parkway, Suite 2000
Plano TX 75075
(972) 480-0240
info@probe.org
www.probe.org
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