There is a bill currently languishing in Congress that proves our society is slowly eroding. The bill, sponsored by Rep. Marilyn Musgrave (R-Colo.), proposes a constitutional amendment that would legally bar same-sex marriages. The proposal states: "Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution nor the constitution of any state under state or federal law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."
The proposed amendment takes on special significance given the Supreme Court's recent ruling that states may not criminalize homosexual sodomy. In striking down a Texas sodomy law, the court proclaimed in no uncertain terms that being gay is not a crime.
Very good. But does that mean that the state cannot punish those acts which it deems immoral? If so, then the Texas sodomy decision threatens to lead this country down a slippery slope.
Does the right to pursue one's individual morality transcend traditional social values? Is the state barred from enforcing the moral consensus? More to the point, is this a land where pornography, drugs and prostitution should be unregulated, where women should be allowed to have abortions at any time during their pregnancy, where same-sex couples can join together in marriage? If you accept that the state cannot enforce moral codes of conduct, then the answer to all of these questions is yes. It is against this backdrop that the Texas Sodomy ruling will unfold.
This point was not lost on Justice Antonin Scalia whose dissenting opinion accused the court of using judicial fiat to shape civil institutions - such as marriage - that have traditionally been regulated by the state. Scalia accused the majority of signing on to the homosexual agenda and effectively choosing sides in the culture war. He warned that the majority opinion could lay the legal framework for questioning all state laws that punish moral indiscretions, such as bigamy, incest and prostitution.
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