Guest / Limited Access /

In a recent Supreme Court case, speaking for the 5-4 majority, Justice Anthony Kennedy wrote, "Laws of the kind before us raise the inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected." Thus the Court declared state laws barring same-sex "marriage" unconstitutional.

Okay, it hasn't happened—yet. But if the words sound familiar, it's because they came from Justice Kennedy's majority opinion in Roemer v. Evans (1996), in which the Court overturned a Colorado referendum barring special civil-rights protections and preferences based on sexual orientation; the Court claimed Colorado voters were biased against homosexuals. While the Supreme Court justices have not yet imposed gay "marriage" on America, decisions like Roemer make it inevitable—which is why the Congress must act swiftly on a constitutional amendment to protect the institution of marriage.

As we write, the Supreme stage is being set. Take the recent California case in which Superior Court Judge Richard Kramer ruled that laws barring gay "marriage" impermissibly deny the constitutional right to equality. That case, or one like it, could soon reach the high court—perhaps an appeal of the Massachusetts decision holding same-sex "marriage" a constitutional right, or a challenge to one of the 38 Defense of Marriage Act statutes enacted across America. It is not a question of if; it is a question of how soon.

At that point, does anyone think that the Supreme Court will not declare gay "marriage" a constitutionally protected right on the very grounds that Kennedy has already used in Roemer? Or, if the justices prefer, they might choose to rely on Kennedy's reasoning in Lawrence v. Texas (2003), which ...

Subscriber access only You have reached the end of this Article Preview

To continue reading, subscribe now. Subscribers have full digital access.

June
More from this IssueJune 2005
Read These NextSee Our Latest
RecommendedWhy Can't Men Be Friends?
Subscriber Access Only Why Can't Men Be Friends?
Men and women alike increasingly say they are lonely. It doesn't have to be this way.
TrendingJames MacDonald Asks Forgiveness for Unbiblical Discipline of Harvest Bible Chapel Elders
James MacDonald Asks Forgiveness for Unbiblical Discipline of Harvest Bible Chapel Elders
Megachurch pastor confesses board slandered three elders as 'false messengers' last year.
Editor's PickStudy: Where Are the Women Leading Evangelical Organizations?
Study: Where Are the Women Leading Evangelical Organizations?
That's the mystery the Gender Parity Project, whose results debut this weekend, sets out to solve.
Comments
Christianity Today
Hitting the Brakes
hide thisJune June

In the Magazine

June 2005

To continue reading, subscribe now for full print and digital access.