Here is an initial draft of an argument in court which challenges same-sex marriage, if Massachusetts legalizes same-sex marriage:

1. The rights to life, liberty and property enumerated in the Fifth and Fourteenth Amendments are dependent on the unalienable rights ascribed to the Creator in the Declaration. There is no other historical source.
2. The Creator is historically none other than the God of the Bible, and that same God defines marriage as one man and one woman in mutual fidelity.
3. Thus, to redefine marriage is to reject the Source for unalienable rights, and accordingly, to jeopardize the future of the Republic.
4. No society in human history, rooted in an assumption of the explicit or tacit approval of homosexual conduct, has ever grasped the concept of or extended unalienable rights to the larger social order.
5. We can note many trends in society already where disapproval of homosexual conduct has produced abrogation of First Amendment liberties for such dissenters of a В“new orthodoxy.В”
6. In specific, a state sanctioned right to same-sex marriage, will, whether sooner or later, impose upon ministers, priests and rabbis, the requirement to perform such marriages; otherwise, to lose the right to perform heterosexual marriages. This would violate our First Amendment liberties.
7. Due to Article IV, Sections 1 and 2, homosexuals married in Massachusetts could then press the case to have all other 49 States recognize the same, thus extending the jeopardy to dissenting ministers in the whole United States.

This website was last updated 07/09/2003 08:43 AM .