LEGAL ARENA

Gay Marriage Battle Not Over, Despite Supreme Court Decision

By John Jessup
Washington Correspondent

November 30, 2004

CBN.com – WASHINGTON, D.C. – The U.S. Supreme Court says it will not hear legal arguments against the Massachusetts Supreme Court decision mandating same-sex marriage. But the political and legal battles over gay marriage are far from over. More judges, politicians, and voters will all get their chance to weigh in on this highly controversial issue.

About 3,000 homosexual couples have wed in Massachusetts since the state high court legalized homosexual marriages last year. And those unions will be allowed to continue, for the time being.

The Supreme Court declined to hear the case brought on by conservative groups arguing that un-elected, activist judges overstepped their authority and robbed citizens of the right to make their voices heard on such a crucial matter.

The high court did not offer any reasons for its decision, and now both sides are using the court’s silence to further their cause.

Kevin Cathcart of the Lambda Legal Defense and Education Fund said, "Same-sex couples are going to continue to get married in Massachusetts, and that the rule of law is well in Massachusetts. The Supreme Court saw no reason to get involved."

But Peter Sprigg of the Family Research Council said, "This decision just reinforces the fact that the solution to the problem of judicial tyranny is not going to come from other judges. It's going to come from the people themselves."

Both sides agree that this latest Supreme Court action is not the end of the battle over homosexual marriage.

Massachusetts legislators will decide next year whether to put a gay marriage ban before voters in November 2006. Eleven other states approved similar measures on Election Day.

And more than a dozen other states are looking into adopting similar bans, and that is something the American public overwhelmingly supports. According to a recent AP poll, a majority of Americans – 61 percent – oppose gay marriage, while 35 percent support it.

The case over gay marriage could likely wind up before the Supreme Court again. One of the lead attorneys on this case told CBN News that he believes the court will eventually take a case involving traditional marriage. But if that does not happen, he thinks Congress will eventually wind up amending the Constitution.

President Bush already pledged to continue his push for a constitutional amendment to protect traditional marriage during his second term.

White House Press Secretary Scott McClellan said, "The President is committed to moving forward with Congress on a constitutional amendment that would protect the sanctity of marriage and allow the people's voice to be heard in this important debate facing our society."

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