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Wednesday, January 28, 2004

USA TODAY AND MATT DANIELS DEBATE MARRIAGE AMENDMENT

USAT editorial: ...The explosive issue could be better addressed by honoring the conservative principle of states' rights. After all, states competently have handled marriage law since before the Revolutionary War.

While state-based solutions offer no guarantees to either side of the debate, 50 legislatures are more likely to reflect the range of regional differences that surround the issue than a single legal fiat imposed by
the federal government. The nation's diverse views on legalizing gay marriage are borne out by a USA TODAY/CNN/Gallup Poll this month that found 53% opposed to it, 24% in favor and 23% with no opinion.
...

Backers of a constitutional amendment ignore the fact that most states already prohibit same-sex unions. A constitutional amendment also would perpetuate the inequities faced by same-sex couples who are denied the same privileges and protections accorded heterosexual couples, including property and inheritance rights, survivor pension benefits and even
the ability to make hospital visits to or funeral arrangements for a loved one.

The federal government does have a role to play in the issue, but it is not to sanctify particular forms of marriage. Nor is it to deny basic constitutional protections. Rather, the government has an obligation to enforce the nation's promise of equality before the law for all.

...Defenders of a constitutional ban against gay marriages say it is the only way to block the courts from eventually legalizing same-sex marriage against the wishes of the majority of the U.S. public. Yet such a ban would override the rights of state legislatures and
courts to handle the issue their own way. And it would create an inferior legal status for a class of Americans for the first time since the end of slavery.
more

Matt Daniels replies: President Bush spoke for the overwhelming majority of the American people when he said in his State of the Union address that we must protect our marriage laws from being destroyed in court.

Marriage is the most multicultural social institution in the world. It transcends every racial, cultural and religious boundary. ...

Americans believe that gays and lesbians have a right to live as they choose, but they don't have a right to redefine marriage for our entire society. This is because Americans want our laws to send a positive message to children about marriage and family. ...

Few observers now believe that the definition of marriage in America will be left to the states. Instead, activist groups intend to use the courts to force a uniform definition of marriage upon every state. There is little doubt that marriage in America soon will be defined in constitutional terms. The only question is: Will the Constitution be distorted by unelected judges to destroy the common-sense definition of marriage, or will it be amended by the American people to protect
marriage for our children and grandchildren?
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