Torch, Fall/Winter 2007

determined that the government has little power to regulate sexual behavior, or even the consequences of that behavior. In Lawrence v. Texas (2003), the Supreme Court determined that the Constitution forbids the regulation of private homosexual conduct. In Romer v. Evans (1996), the Court severely limited government’s ability to discriminate against the homosexually oriented in public settings. These decisions, in addition to the general right to privacy the Court has articulated since 1965 ( Griswold v. Connecticut ), largely remove sexual behavior and orientation issues from the reach of the law. What About Gay Marriage? Marriage is a civil and a religious institution. Biblically, marriage is clearly defined as between a man and a woman. As we recognize this sacred bond within our churches, many of us forget that the government views marriage largely as a contract. Throughout history, governments have defined marriage as between a man and a woman. By implication, Fall–Winter 2007 21 governments have refused, until very recently, to recognize same-sex, incestuous, bigamous, polygamous, or adult–child marriages. In America, marriage is a state , as opposed to a federal, issue. Under the U.S. Constitution, states may define marriage and its legal benefits (such as inheritance, medical visitation, and adoption). According to the Full Faith and Credit Clause (Article IV), contracts are transferable across state lines, so marriages that occur in one state are given legal status in others. This reality has created the pressing political issue of gay marriage. As states, most notably in Massachusetts and Hawaii, began to ponder the possibility of gay marriage, there was the potential that other states would be forced to honor those contracts even though they did not define marriage in the same way. Congress, under the authority of the Constitution, may determine exceptions to the Full Faith and Credit Clause, and in 1996, it passed the Defense of Marriage Act (DOMA), which allows states to refuse same-sex marriages performed in other states. As it became obvious that one state, either through legislation or a court ruling, would soon redefine marriage, Christians Timeline of Related Events 1965 Griswold v. Connecticut . The Supreme Court articulates a right to privacy, which is at the root of the right to an abortion and to personal, sexual conduct. 1986 Bowers v. Hardwick . The Court upholds Georgia’s anti-sodomy laws, which allow government to restrict some sexual conduct. 1996 Romer v. Evans . The Supreme Court strikes down a Colorado constitutional amendment that sought to remove any special, legal protections for the homosexually oriented. 1996 Congress passes the Defense of Marriage Act, which allows states to refuse same-sex marriages from other states. 2003 Lawrence v. Texas . The Supreme Court strikes down Bowers and disallows state regulation of sodomy between same-sex partners. 2003 The Massachusetts Supreme Judicial Court rules that the state constitution requires same-sex couples be given the right to marry. This eventually leads to a proposed state constitutional amendment that eliminates gay marriage. It will be voted on in 2008. 2004 President Bush, in his State of the Union Address, argues that the sanctity of marriage must be defended. 2004 San Francisco Mayor Gavin Newsome authorizes city officials to issue marriage licenses to same-sex couples even though state laws, and court decisions, forbid him from doing so. 2004–2006 Forty-three states pass constitutional amendments or laws that ban same-sex marriage. 2006 An effort to amend the U.S. Constitution to limit same-sex marriage fails in the House.