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.

Support Christian thought journalism. Donate to our nonprofit ministry today.
Read These NextSee Our Latest
Also in this Issue
Subscriber Access Only Waging Peace on Islam
A missionary veteran of Asia proposes one way to defuse Muslim anger about the Crusades.
RecommendedPrinceton Seminary Reforms Its Views on Honoring Tim Keller
Princeton Seminary Reforms Its Views on Honoring Tim Keller
School rescinds a major theology prize amid complaints over women’s ordination.
TrendingRussia’s Plan to Ban Jehovah’s Witnesses Puts Evangelicals in a Tight Spot
Russia’s Plan to Ban Jehovah’s Witnesses Puts Evangelicals in a Tight Spot
Group gives Protestants competition for souls, but also an ally on religious freedom.
Editor's PickFrom Kuyper to Keller: Why Princeton’s Prize Controversy Is So Ironic
From Kuyper to Keller: Why Princeton’s Prize Controversy Is So Ironic
Former winner explains how the seminary honor that once brought the Reformed community together is now splitting it.
Christianity Today
Hitting the Brakes
hide thisJune June

In the Magazine

June 2005

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