Harry R. Jackson, Jr.

From the very beginning, homosexual “marriage” activists have sought to hijack not only the moral authority of the Civil Rights Movement, but also the legal arguments which liberated minorities from centuries of legalized oppression and discrimination.

After decades of aggressive activism, the common sense understanding of marriage has become almost hopelessly mired in incomprehensible legal terminology. It becomes difficult for everyday observers to navigate the convoluted logic homosexual activists employ as they attempt to remake one of civilization’s oldest institutions. The argument that redefining marriage to include homosexual couples is only “fair” rests on a specious interpretation of the equal protection clause of the Fourteenth Amendment. The clause reads as follows:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

As most of us know, the Fourteenth Amendment was enacted just before the end of the Civil War in response to the Black Codes of the South. The Black Codes were various state laws which, among other things, prevented blacks from owning property and imposed harsher penalties for crimes on blacks than on whites. The Fourteenth Amendment clarified that these laws were unconstitutional, and that the government was obligated to protect the rights of all citizens equally.

So what about the “right” to marry? Lesbian, Gay, Bisexual and Transgender (LGBT) activists argue that the state is abridging their privileges, often citing Chief Justice Earl Warren’s words in Loving v. Virginia, the 1967 decision that overturned state bans on interracial marriage: “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.”


Harry R. Jackson, Jr.

Bishop Harry Jackson is chairman of the High Impact Leadership Coalition and senior pastor of Hope Christian Church in Beltsville, MD, and co-authored, Personal Faith, Public Policy [FrontLine; March 2008] with Tony Perkins, president of the Family Research Council.