Over the Rainbow: - Wrestling With Angels

Homosexual activists seek to demand that federal courts remove all of the state-law
barriers to same-sex marriage. Family law has been traditionally a matter for state laws but
federal intervention in the abortion debate – striking down all state laws protecting the unborn
– demonstrates that the federal courts may do the same for marriage laws (Barber, 2010).
State Scorecard on Same-Sex Marriage , 2010
By November of 2008, 37 states had established their own Defense of Marriage Acts, and
30 states had constitutional amendments protecting traditional marriage (DOMA watch, 2008). The
constitutional amendments to protect marriage as a union between one man and one woman
were passed by typically large margins, crossing party lines. The vote passed in fifteen states
by majorities between 70 and 86 percent. The vote passed in twenty-eight states by
majorities of 55% or above. By January of 2010, forty–one states prohibited same-sex
marriage (Buss ,2009).
However, same-sex marriage was gaining acceptance. As of early 2010, 6 states and the
District of Columbia allowed same-sex marriage, although no state had legalized gay marriage
by referendum of the people. Decisions by the State Supreme Courts of Massachusetts (in
2003), Connecticut (in October, 2008) and Iowa (in April , 2009) ruled affirmatively on the
legality of same-sex marriage. Vermont became the first state to legalize marriage equality
through legislative action in April of 2009. State legislatures in Maine and New Hampshire
passed a same-sex marriage bill on May, 2009 and June, 2009 respectively. In November, 2009
the District of Columbia approved a same-sex marriage bill (Fitzpatrick, 2010).
Arguing for Gay Marriage
Jonathan Rauch’s book Gay Marriage is a precise argument in favor of gay marriage. He
writes, “I would say that marriage is two people’s lifelong commitment, recognized by law and
society to care for each other.” …”it fortifies relationships by embedding them in a dense web
of social expectations. It represents the spouses’ commitment not only to each other but also
to their community. They promise to look after each other and their children so society won’t
have to; in exchange, society deems them a family and provides an assortment of privileges,
obligations, and caregiving tools…The example gay couples set by marrying instead of shacking
up might even strengthen marriage itself” (Blankenhorn, 2007:xii)
Other leading proponents of gay marriage fail to agree with Rauch about the importance of
marriage as a social institution. Sociologist Judith Stacey, a leading proponent of same-sex
marriage, views marriage as a flawed and dangerous institution. Her strategy is to deconstruct
Over the Rainbow: The Gay Battle for Social Reorganization of America. 2010
Dr. M. L. Coppock
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