The Issue of Marriage in America

November, 2007

The June 2006 issue of Atlantic Monthly featured an article entitled “After Roe.” It envisions the divisive, exhausting, and expensive results of returning the issue of abortion back to the State Legislatures. This move, hypothetical at the moment, reflects a growing trend to return ‘social values’ discussions (abortion, gay marriage, end-of-life decisions) to fifty States and away from the Courts.

Behind this movement one finds rather technical debates over the interpretation of the Constitution and the role of the Supreme Court. Living Constitution proponents see the courts as extending the meaning of Constitutional guarantees to cover evolving social circumstances. Originist proponents read the Constitution literally and place the burden of social reform and evolution (or conservation) on the legislative process. In the latter case, the Voice of the People plays a critical role (as opposed to, say, the Public Reasoning of the Court Justices).

As we watch the debates in State legislatures over gay-marriage amendments and initiatives such as South Dakota’s strict prohibitions against abortion, we notice how often the discussions appeal to ‘opinion polls’ as supporting various agenda items. While we recognize the statistical power of such samples, we are also aware of how easily such polls can be manipulated and how superficial the opinions can be (based on faulty or limited information, bias, etc.).

Regardless of where one stands on the issues, it will be important to assure the existence of a critically aware and well-informed public as these issues return to the public forum.

This Campus Conversation focuses on a topic of current concern to the State Legislatures. This forum will act as 'beta' test of background materials and survey instruments for use in larger, Community Conversations.

This Novenber 2007 discussion compared and contrasted the proposed Pennsylvania Marriage Protection Amendment with Vermont’s Civil Union Laws and the Massachusetts Supreme Court Decision: Goodridge v. Department of Public Health.