You've Been Warned...Many Times

The Alliance Defense Fund posted this warning message in 2005. At the time, SSM proponents made many of the same arguments to this warning as they are now making against the Yes campaign's warnings regarding the potential consequences of Proposition 8 - namely, that it is merely a "lie" and "will not happen." Then, they turned around and used civil unions as the foundation for their lawsuits in California and Connecticut to redefine marriage.

Let's make sure to listen to our conscience this November and pass Proposition 8. Our freedom of religion, speech, and association are all on the line.

Civil Unions: Trojan Horse to Conquer Marriage
ADF, 4.15.2005

Civil unions and the litigation strategy that could be used to conquer marriage. Is your
state legislature taking the bait? Consider the following:

Legal Theory

Citing Lawrence v. Texas, the ACLU has argued and several state and federal courts have held
that a law justified by moral disapproval alone cannot withstand constitutional scrutiny.

A recent California Superior Court decision further demonstrates how civil unions undermine the state’s interest in preserving marriage: “[T]hat California has granted marriage-like rights to
same-sex couples points to the conclusion that there is no rational state interest in denying them
the rites of marriage as well.”

Litigation Scenario:

1. State X passes a state constitutional marriage amendment which is upheld by state courts.
The amendment does not prohibit civil unions.

2. The legislature in State X then passes a civil unions law which grants all the rights of marriage
to same sex couples. (This gives the ACLU grounds in federal litigation)

3. The ACLU files a federal lawsuit alleging that the state constitutional marriage amendment
violates the U.S. Constitution. The ACLU argues that the only distinction between civil unions and marriage under state law is in name only. Therefore, the failure to grant same sex marriage must be based on mere moral disapproval which is unconstitutional per Lawrence v. Texas. By
allowing civil unions the state legislature has effectively undermined its legal interest in preserving marriage as a unique institution.