08/04/2004: "Missouri leads the way"

Missouri voters weigh in on gay marriage:

Missouri voters solidly endorsed a state constitutional amendment banning gay marriage, a decision that was closely watched by national groups on both sides of the battle.

With nearly all precincts reporting, the amendment had garnered 71 percent of the vote, according to unofficial results for Tuesday's vote. It was the first such vote since the historic ruling in Massachusetts last year that legalized same-sex weddings there.

Although the ban was widely expected to pass in conservative Missouri, experts said the campaign served as a key barometer for which strategies work as at least nine other states, and perhaps as many as 12, vote on similar amendments this year.

Missouri and 37 other states already have laws defining marriage as only between a man and a woman. But amendment supporters fear a court could toss aside the state law, and they believe the state would be on firmer legal ground if an outright ban is part of the Constitution.

"I'm very gratified and encouraged and thankful that the people of this state understand our current policy's a wise public policy and they want to see it protected from a legal challenge," said Vicky Hartzler, a spokeswoman for the Coalition to Protect Marriage in Missouri.

Though the reporter tries to downplay the significance of this by referring to Missouri as "conservative," the truth is that such an amendment to state constitutions would pass nearly everywhere (Hawaii, one of the most liberal states in the union, already has such an amendment). Though it might seem like more work to amend 50 state constitutions than one federal, this may be the best way for gay marriage opponents to go. Then, if the Supreme Court were to rule such state constitutional provisions run afoul of the federal Constitution, the need to amend the latter would be obvious and indisputable. And if the Court doesn't rule that way, great.