Against homosexual marriage

Our courts, which have mishandled abortion, may be on the verge of mishandling homosexuality. As a consequence of two pending decisions, we may be about to accept homosexual marriage.

In 1993 the supreme court of Hawaii ruled that, under the equal-protection clause of that state’s constitution, any law based on distinctions of sex was suspect, and thus subject to strict judicial scrutiny.1 Accordingly, it reversed the denial of a marriage permit to a same-sex couple, unless the state could first demonstrate a “compelling state interest” that would justify limiting marriages to men and women. A new trial is set for early this summer. But in the meantime, the executive branch of Hawaii appointed a commission to examine the question of same-sex marriages; its report, by a vote of five to two, supports them. The legislature, for its part, holds a different view of the matter, having responded to the court’s decision by passing a law unambiguously reaffirming the limitation of marriage to male-female couples.

This article is available in full by subscription to Commentary Magazine.

Also Visit
AEIdeas Blog The American Magazine

What's new on AEI

Poverty in America—and What to Do About It
image GDP for second quarter: Strong headline, weak innards
image Paul Ryan and the emerging conservative reform agenda in higher education
image Democrats' impeachment fixation
AEI on Facebook
Events Calendar
  • 28
    MON
  • 29
    TUE
  • 30
    WED
  • 31
    THU
  • 01
    FRI
Tuesday, July 29, 2014 | 10:00 a.m. – 12:00 p.m.
Is Medicare's future secure? The 2014 Trustees Report

Please join AEI as the chief actuary for Medicare summarizes the report’s results, followed by a panel discussion of what those spending trends are likely to mean for seniors, taxpayers, the health industry, and federal policy.

Friday, August 01, 2014 | 10:30 a.m. – 12:00 p.m.
Watergate revisited: The reforms and the reality, 40 years later

Please join us as four of Washington’s most distinguished political observers will revisit the Watergate hearings and discuss reforms that followed.

Event Registration is Closed
No events scheduled this day.
No events scheduled this day.
No events scheduled this day.
No events scheduled this day.
No events scheduled this day.
No events scheduled this day.