Gay Marriage takes a lick'n but keeps on tick'n.....
Of the six recent rulings, the 8th U.S. Circuit Court of Appeals' affirmation of Nebraska's marriage amendment has been most reassuring to conservative lawyers. The Nebraska amendment, passed in 2000, defined marriage as the union of opposite-sex couples and outlawed recognition of homosexual unions. On July 14, three 8th Circuit court judges upheld the amendment, saying it and other state marriage laws "are rationally related to legitimate state interests and therefore do not violate the Constitution of the United States." The Nebraska ruling makes clear there isn't a fundamental right to same-sex "marriage," said Alliance Defense Fund lawyer Chris Stovall.
Marriage backers hail month of rulings Washington Times July 24 2006
The Nebraska Marriage Amendment was a ballot initiative that was passed by an overwhelming majority of voters. Because it was the most restrictive of any DOMA legislation in the courts---it also banned civil unions---this court decision is especially significant. If a DOM law as restrictive as this one can pass judical muster, it can pass anywhere.
The Gay Marriage Advocates in Blue State havens like San Francisco or Massachuetts have shot themselves in the foot with their effort to force gay marriage down the throats of the public. Many states are reacting to this potential assault on their social values by enacting legislation that bans bands civil unions and/or the awarding of any of benefits to domestic partners. Right now, with the addition of Nebraska and Louisiana and Virginia, a total of 11 states ban civil unions or the awarding of benefits to domestic partners: Arkansas, Georgia, Kentucky, Michigan, North Dakota, Ohio, Oklahoma and Utah.
If I were running the gay rights campaign, I'd have steered clear of traditional marriage in the first place, and joined forces with the growing Alternative to Marriage movement. A more practical strategy would be to join forces with elder advocates and critics of traditional marriage to pursue the option of private contract rights as an alternative for those for whom the defination of marriage just doesn't fit.
I'm not sure how the gay marriage advocates can claim that gays have NO recognition of their partnerships in our legal system. It was gay men during the AID crisis that pioneered the acceptance of co-habitation contracts, living wills and extending the power of attorney to medical decision making. Society is right to bestows special rights and benefits to traditional children and family. Stable marriage and family is the root of our freedom, stability, and even our prosperity. We are right and just to protect it from those radicals who would redefine it by judicial fiat.
But like everything, there is a balance. In our free republic, no one has the right to deny those with alternative lifestyles freedom of association, private property, privacy and legal recognition of the same. Contract Law is rational way to recognize the rights of people with "alternative" lifestyles without undermining the special place that is reserved for traditional marriage and family.


















