PAGE NINE


CONNECTICUT COURT IMPOSES SAME-SEX 'MARRIAGE.'
By Charlie Butts and Jody Brown
Oct.11, 2008 - Once again, a court has overruled the will of the people and taken it upon itself to
legalize homosexual "marriage." Connecticut's Supreme Court has ruled that same-sex couples
have the right to marry, making that state the third behind Massachusetts and California to
legalize such unions.
In 2004, eight same-sex couples sued, saying their constitutional rights to equal
protection and due process were violated when they were denied marriage
licenses. The court ruled 4-3 that homosexual couples cannot be denied the
freedom to marry under the state constitution, and that Connecticut's civil union
law does not provide those couples with the same rights as heterosexual couples.
The justices overturned a lower court ruling and found in favor of the plaintiffs, who said the state's
marriage law discriminates against them because it applies only to heterosexual couples, thereby denying
homosexual couples the financial, social, and emotional benefits of marriage.
The court said the Connecticut constitution led "inevitably to the conclusion" that, if so inclined, men and
women have a "right" to "marry" someone of the same sex. Matt Barber, director of cultural affairs with
Liberty Counsel, responded that "[It] is only inevitable in the minds of judicial activists who are hell-bent
on imposing -- through judicial fiat -- their own skewed ideology on 'we the people.'"
"[O]nce again,” Barber continued, “we have a court full of judicial activists circumventing the will of the
people and circumventing the constitutional process in order to manufacture a so-called 'right' to
homosexual marriage...."
Barber, who is also associate dean with the Liberty University School of Law, argues that the court's
decision emphasizes the importance of the upcoming presidential election. He points out that despite his
claims to the contrary, Barack Obama is a strong supporter of same-sex marriage -- in direct contrast to
John McCain's record indicating he will defend traditional marriage.
"[Obama] has said he would repeal the [federal] Defense of Marriage Act, and that he opposes any
efforts to protect marriage through constitutional amendment," says Barber. "He has also said he supports
the California Supreme Court's earlier decision to impose 'gay marriage.'"
The differences between the two presidential candidates on the issue of marriage -- as well as on
the appointment of judges who will strictly interpret the U.S. Constitution -- "could not be
starker," adds Barber. The Connecticut ruling, he says, is "another example of why we must
rein-in judicial activism in this country."
"It was not done through the legislative process. It was not done through ballot initiative [or] by the will of
the people," he says of the ruling. "It was done by a handful of people...in another 4-3 decision.
"So we have -- through a razor-thin margin -- same-sex marriage being imposed on a state...the institution
of marriage being radically redefined by four people who just think that it needs to happen, [so they're]
gonna make it happen."
The Liberty Counsel spokesman urged McCain to use the Connecticut ruling to highlight the differences
between himself and Obama. "[This] decision gives McCain a golden opportunity to reiterate his support
for traditional marriage and to get behind both state and federal constitutional amendments to protect
marriage," he said.