Source: LA Times
8-15-04
David J. Garrow is Research Professor of History and Law at the University of Pittsburgh.Gay marriage is one of today's most hotly debated issues. In May, Massachusetts extended the right to marry to lesbians and gay men. On Thursday, a California court voided thousands of gay marriages performed in San Francisco. President Bush is calling for a constitutional amendment to limit marriage to male-female couples. So far such an amendment has no chance of winning congressional approval, but efforts to add anti-gay provisions to individual state constitutions are moving forward across the country.Why is gay marriage now a front-page issue, and where did it come from? Right-wing critics blame "activist judges," but the Massachusetts court that mandated marriage equality was directly inspired by last year's historic U.S. Supreme Court ruling in Lawrence vs. Texas, which struck down the nation's few remaining state sodomy statutes and declared that gay Americans cannot be treated as second-class citizens. Conservative Justice Anthony M. Kennedy, a Republican from California and a devout Roman Catholic, wrote the opinion.