Byron Babione

That same strategy worked in California, where the Ninth Circuit held in Perry v. Brown that the state’s domestic partnership scheme (which gave all the rights and benefits of marriage to same-sex couples) undermined the state’s interests in marriage as a union of a man and a woman. As UCLA law professor Eugene Volokh noted about Perry, “if the decision is upheld, this means that the arguments that civil unions are a ‘slippery slope’ to same-sex marriage were absolutely right.”

So far, this tactic has worked well. So it’s not surprising that recently proponents of same-sex “marriage” in Hawaii and Nevada filed suit in federal court claiming that, as a result of their respective civil union laws, their states’ laws defining marriage as the union of a man and a woman now violate the Equal Protection Clause of the Federal Constitution.

It should be clear by now that opposing same-sex “marriage” while supporting civil unions and domestic partnerships is akin to the Trojans dragging a wooden horse into the middle of Troy. This committee should be well aware that any civil union scheme that they chose to wheel through the front gate will unravel the institution of marriage, which the people of this state continue to cherish.


Byron Babione

Byron Babione is senior counsel with Alliance Defending Freedom, an alliance-building, non-profit legal organization that has defended marriage and religious liberty in courts throughout the U.S.