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OpinionMay 30, 1996

We are engaged in a debate which, in a less confused time, would be considered pointless and even oxymoronic: the question of same-sex marriage. But we are where we are. The Hawaii Supreme Court has discovered a new state constitutional "right" -- the legal union of same-sex couples. ...

We are engaged in a debate which, in a less confused time, would be considered pointless and even oxymoronic: the question of same-sex marriage.

But we are where we are. The Hawaii Supreme Court has discovered a new state constitutional "right" -- the legal union of same-sex couples. Unless a "compelling interest" can be shown against them, Hawaii will become the first state to sanction such unions. And if Hawaii legalizes same-sex marriages, other states might well have to recognize them because of the Constitution's Full Faith and Credit Clause. Some in Congress recently introduced legislation to prevent this from happening. ...

Recognizing the legal union of gay and lesbian couples would represent a profound change in the meaning and definition of marriage. Indeed, it would be the most radical step ever taken in the deconstruction of society's most important institution. It is not a step we ought to take.

The function of marriage is not elastic; the institution is already fragile enough. Broadening its definition to include same-sex marriages would stretch it almost beyond recognition -- and new attempts to broaden the definition still further would surely follow. ...

Marriage is not an arbitrary construct; it is an "honorable estate" based on the different, complementary nature of men and women -- and how they refine, support, encourage and complete one another. To insist that we maintain this traditional understanding of marriage is not an attempt to put others down. It is simply and acknowledgment and celebration of our most precious and important social act. ...

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There are other arguments to consider against same-sex marriage --for example, the signals it would send, and the impact of such signals on the shaping of human sexuality, particularly among the young. ...

If the law recognizes homosexual marriages as the legal equivalent of heterosexual marriages, it will have enormous repercussion in many areas. Consider just two: sex education in the schools and adoption. The sex education curriculum of public schools would have to teach that heterosexual and homosexual marriage are equivalent. "Heather Has Two Mommies" would no longer be regarded as an anomaly; it would more likely become a staple of sex education curriculum. Parents who want their children to be taught (for both moral and utilitarian reasons) the privileged status of heterosexual marriage will be portrayed as intolerant bigots; they will necessarily be at odds with the new law of matrimony and its derivative curriculum.

Homosexual couples will also have equal claim with heterosexual couples in adopting children, forcing us (in law at least) to deny what we know to be true: that it is far better for a child to be raised by a mother and a father than by, say, two male homosexuals.

The institution of marriage is already reeling because of the effects of the sexual revolution, no-fault divorce and out-of-wedlock births. We have reaped the consequences of its devaluation. It is exceedingly imprudent to conduct a radical, untested and inherently flawed social experiment on an institution that is the keystone in the arch of civilization. That we have to debate this issue at all tells us that the arch has slipped. Getting it firmly back in place is, as the lawyers say, a "compelling state interest."

William J. Bennett is co-director of Empower America.

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