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

Defeating ISIS: AEI experts weigh-in before the president’s address on Wednesday
image Degrading, defeating, and destroying the Islamic State
image Wealth Building Home Loan: Building wealth through homeownership and retirement savings
image The $3 iPhone
AEI on Facebook
Events Calendar
  • 15
    MON
  • 16
    TUE
  • 17
    WED
  • 18
    THU
  • 19
    FRI
Tuesday, September 16, 2014 | 5:00 p.m. – 6:00 p.m.
The Constitution as political theory

Please join us for the third-annual Walter Berns Constitution Day Lecture as James Ceasar, Harry F. Byrd Professor of Politics at the University of Virginia, explores some of the Constitution’s most significant contributions to political theory, focusing on themes that have been largely unexamined in current scholarship.

Event Registration is Closed
Wednesday, September 17, 2014 | 8:10 a.m. – Thursday, September 18, 2014 | 1:30 p.m.
Third international conference on housing risk: New risk measures and their applications

We invite you to join us for this year’s international conference on housing risk — cosponsored by the Collateral Risk Network and AEI International Center on Housing Risk — which will focus on new mortgage and collateral risk measures and their applications.

Event Registration is Closed
Thursday, September 18, 2014 | 2:15 p.m. – 3:00 p.m.
Speaker of the House John Boehner on resetting America’s economic foundation

Please join us as Speaker John Boehner (R-OH) delivers his five-point policy vision to reset America’s economy.

Friday, September 19, 2014 | 9:15 a.m. – 11:00 a.m.
Reforming Medicare: What does the public think?

Please join us as a panel of distinguished experts explore the implications of the report and the consumer role in shaping the future of Medicare.

No events scheduled this day.
No events scheduled this day.
No events scheduled this day.
No events scheduled this day.