Gay Marriage: Doma Decision

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By Debra Rosenberg

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When it comes to the battle over gay marriage, all eyes are on Massachusetts, where the state's highest court is expected to rule soon on whether same-sex couples can marry. Thirty-seven states and the federal government already have "defense of marriage" acts that define marriage as a union between one man and one woman. But after the Supreme Court overturned a Texas sodo-my law in June, many think the court could strike down DOMA laws, too. This week, Texas Sen. John Cornyn plans to hold a hearing on the laws' vulnerability. And some gay-marriage foes want a solution the courts can't touch: an amendment to the U.S. Constitution.

Some religious conservatives worry the amendment could leave the door open to civil unions. But Paul Weyrich, president of the Free Congress Foundation, recently sent a memo urging conservative activists to get onboard. "I don't think anything much stronger can pass," he says. Some 30 social conservatives met in Washington last week to plot strategy. With more pro-marriage lawsuits in the works, the group plans to lobby for the amendment regardless of the decision. So far, gay-rights activists think they have the votes to kill the effort in the Senate. But both sides admit all bets are off if Massachusetts issues gay-marriage licenses. "If [it] goes ahead," says American Values president Gary Bauer, "everything will be on fast forward."

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