Politics

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Gay Marriage: To Ban or Not to Ban…

Why We May Need a Constitutional Amendment


Gay marriage is in the news again. Much like the abortion issue, gay marriage is another moral issue that has become a political football in a game that pits Republicans against Democrats, liberals against conservatives.

But unlike the abortion issue, those opposing gay marriage are not easily labeled. There are both Republicans and Democrats, liberals and conservatives who support a ban on gay marriage. Right now, across the nation, there are 41 states with laws prohibiting same-sex marriage, 18 states with state constitutional amendments banning same-sex marriage, and 2 states (Massachusetts and now New Jersey) permitting gay marriage.

Of course we all know the worn-out arguments about same-sex attraction and "sex" being against nature (biology). We know of religious arguments that “God made Adam and Eve, not Adam and Steve.” And we have all probably heard of scientific research purporting to prove that being “gay” is somehow as genetic as being “Asian” or “blue-eyed.” Yet such research has been shown to be far from conclusive and, at some points, even deceptively manipulated (see "Homosexuality and the Politics of Truth" by Jeffrey Satinover, Baker Books 1996).

We know that marriage is an institution designed for male/female relations, sexual interaction and reproduction. With heterosexual marriage, procreation and family growth are at least possible. This is not the case, however, with same-sex marriage. Gay marriage stops family growth, since same-sex couples cannot reproduce naturally. If they cannot reproduce, this may cause a decrease in societal and population growth if same-sex couples became predominant.

There are also legal problems associated with the gay marriage, problems that may require a Constitutional Amendment to resolve. For example, a same-sex couple can get married in Massachusetts but the marriage will be void in Maine and most other states. Some states, like Georgia, voted to ban gay marriage but an activist judge overruled the majority vote of the people. Other states have encountered the same problem.

There are also more technical marriage issues to be concerned with over gay marriage. What will be the age limit? Can a gay man of 25 marry a boy of 12? Who will decide? What new divorce, alimony, and custody laws will we have to create if we allow gay marriage?

Will this trend lead to other kinds of “marriage” (e.g., mother-daughter, father-son, human-animal)? This moral and legal mess may need a Constitutional Amendment whether we want one or not. Getting the Constitution amended is no easy task, but if things continue on the present course, we may be forced in that direction. Once the Constitution has been amended, all the states will have to abide by it as the law of the land. This may not solve all the moral concerns and arguments, but it will clear up much legal confusion and create a level of order in an already problematic and perplexing legal system.

The focus of this article is the legal problems of gay marriage, which are in addition to the obvious moral and biological problems. Therefore, I hope people do not misunderstand the intent of this article. Gay marriage has many problems, and in this article I wanted to highlight more than the usual moral arguments. Any questions or comments may be directed to me at my website: www.gospelanswers1.com.

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