ADF Alliance Alert

Matthew J. Franck has this post on the National Review Bench Memos Blog observing how civil unions are being used to justify redefinition of marriage including in today’s Connecticut Supreme Court ruling. He references a post by Maggie Gallagher of the Institute for Marriage and Public Policy. Franck also has this follow up post.

ADF warned that civil unions would be used to undermine marriage several years ago: Civil Unions: Trojan Horse to Conquer Marriage.

Law Professor Michael Dorf, a self described liberal, has observed that civil unions were also the basis that the courts used to redefine marriage in California.

Past Alliance Alerts have also reported on how civil unions undermine marriage:

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“N.J. Lawmakers Approve Gay Civil Unions: Corzine Applauds Historic Passage”
NJ.com, Kate Coscarelli, 12.15.2006
Gov. Jon Corzine commended lawmakers for their swift action and said he would sign the bill once his staff ensured it complies with the Supreme Court ruling. The review is expected to be finished in a matter of days. The law would go into effect 60 days after it is signed. “I’ve been for civil unions for a long time,” Corzine said. The governor said it’s possible civil unions could evolve into gay marriage, but stressed it’s important not to “get so far out in front of the public that we’re not dealing with general society’s belief.” . . . Steven Goldstein, chairman of Garden State Equality, said . . . “So help me God, we’re going to win marriage equality in New Jersey in one to two years,” he said. The bill also creates a 13-member commission to study the impact and implementation of the new law. Lawmakers said they are likely to wait until the commission has time to study the law before beginning any effort to get gay marriage approved.

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“Gay Rights Laws, Slippery Slopes, and a Constitutional Right to Same-Sex Civil Unions”
Volokh Conspiracy, Eugene Volokh, 10.25.2006
Consider how the decision relies on the enactment of past gay rights laws. The backers of such laws often argue that these laws do not create a slippery slope towards same-sex marriage or civil unions . . . But if we take the New Jersey Supreme Court at its word, it sounds like in New Jersey antidiscrimination laws, domestic partnership laws, and hate crime laws did indeed help bring about same-sex civil unions, just as they did in Vermont (PDF pages 59-61) and, as to same-sex marriage, in Massachusetts.

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The NJ Marriage Decision
Leonard Link, 10.25.2006
New Jersey had been targeted as an ideal jurisdiction to bring such a lawsuit precisely because it has been in the forefront of recognizing gay rights, having outlawed anti-gay discrimination, provided enhanced penalties for anti-gay bias crimes, and taken significant steps in recognizing gay families in the context of adoption, foster care, custody and visitation. After the lawsuit was filed, the state passed a domestic partnership law that extended a limited number of rights to registered partners while adding to the anti-discrimination law a ban on discrimination against same-sex domestic partners. However, the domestic partnership law, for the first time, specifically stated that same-sex couples may not marry. Having gone this far, it was hard for the state to come up with any rational justification for denying rights to same-sex couples, so it was easy for the court to conclude unanimously that excluding same-sex couples from all the rights of marriage under state law was impermissibly discriminatory.

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Connecticut Headline in July 28, 2005 ADF Alliance Alert (GLAD argues civil unions undermine marriage)

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Oral Arguments in Washington in March 15, 2005 ADF Alliance Alert (ACLU argues civil unions undermine marriage)