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Wednesday, July 14, 2004
Rebecca Hagelin :: Townhall.com Columnist
Defining marriage: Who decides?
by Rebecca Hagelin
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Are Barack Obama's friends -- like Bill Ayers -- legitimate political issues?

This week, the United States Senate will take the first step in deciding who gets to define marriage for the entire nation: activist judges ? or the American people.

Although not the final vote on marriage by any means, the vote your senator casts this week gives a clear signal on how much he trusts you and your fellow citizens to determine the defining issue of our generation. A vote against the amendment means your senator is willing to allow activist judges to make the decision for you.

A little background on how we got to his point is helpful. In 1996, a liberal state court in Hawaii threw out that state's laws against same-sex marriage. Lawmakers around the nation knew that if a few judges in Hawaii could destroy the traditional definition of marriage, judges anywhere could and would do it. Within months, a law that defines marriage for the federal government as the union of one man and one woman, and prevents states from being forced to recognize contrary definitions ? which lawmakers thought would solve the problem ? passed both houses of Congress by veto-proof majorities and was signed by President Clinton.

It was called the Defense Of Marriage Act, and it caught on like wildfire. Within eight years, 38 states had adopted their own DOMAs, and five other states had inserted DOMA language into other laws.

Many thought the issue was settled once and for all, but, again, activist judges ? this time in Massachusetts ? took power away from the people of that state and declared same-sex marriage legal. Other activist officials started thwarting the will of the people and breaking the laws in their states and began issuing same-sex licenses. Homosexual couples from many states traveled to Massachusetts to be "married" ? mayhem resulted.

Exclusive: Today, Americans are rising up to make their voice of reason heard ? citizens in Michigan, Montana, Arkansas and Oregon have gathered enough signatures to put state constitutional amendments protecting marriage on the fall ballots, and North Dakota and Ohio are close. Michigan organizers expect the measure to pass by a 2-to-1 margin or more, with 80 percent of Republicans and more than half the Democrats in the state planning to support it.

In seven other states ? Georgia, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma and Utah ? legislators voted to put pro-marriage amendments on ballots this fall. To find out where your state stands and to get a full state-by-state accounting, simply log on to heritage.org. Continued...

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About The Author

Rebecca Hagelin, a vice president of The Heritage Foundation is the author of Home Invasion: Protecting Your Family in a Culture that's Gone Stark Raving Mad and runs the Web site HomeInvasion.org.

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