| | The status of homosexuality before the law, then, is in some degree of flux. While bare discrimination against homosexual status is facially unconstitutional lacking a rational basis, and while preventing homosexual conduct is similarly unconstitutional, the Supreme Court has held in these landmark cases that the state may discriminate against homosexuals to preserve an "institution that the law protects" - namely, [[marriage]].<ref>''Lawrence v. Texas''; Kennedy & O'Connor both reached this conclusion explicitly.</ref> As such, the standard to be applied in deciding if discrimination against homosexuals is wrong is somewhere in between [[rational basis review]] and [[strict scrutiny review]]. Justice [[Antonin Scalia]] thinks that this uncertainty will surely be resolved in the favor of gay rights, and he warns that such a legal erosion will result in the downfall of the law's moral authority.<ref>''Lawrence v. Texas'', Scalia, J., dissenting.</ref> | | The status of homosexuality before the law, then, is in some degree of flux. While bare discrimination against homosexual status is facially unconstitutional lacking a rational basis, and while preventing homosexual conduct is similarly unconstitutional, the Supreme Court has held in these landmark cases that the state may discriminate against homosexuals to preserve an "institution that the law protects" - namely, [[marriage]].<ref>''Lawrence v. Texas''; Kennedy & O'Connor both reached this conclusion explicitly.</ref> As such, the standard to be applied in deciding if discrimination against homosexuals is wrong is somewhere in between [[rational basis review]] and [[strict scrutiny review]]. Justice [[Antonin Scalia]] thinks that this uncertainty will surely be resolved in the favor of gay rights, and he warns that such a legal erosion will result in the downfall of the law's moral authority.<ref>''Lawrence v. Texas'', Scalia, J., dissenting.</ref> |
| − | In 2006, [[Catholic Charities]] of Boston closed their adoption program after more than a century of finding homes for [[orphans]] and [[unwanted children]] when it was reported by the ''Boston Globe'' that homosexual couples had received children placed from the agency.<ref>[http://www.boston.com/news/local/articles/2006/03/11/catholic_charities_stuns_state_ends_adoptions/ Catholic Charities stuns state, ends adoptions], By Patricia Wen, ''The Boston Globe'', March 11, 2006.</ref> Massachusetts law, barring "orientation discrimination", prohibited one of the nations oldest adoption agencies from refusing service to homosexual activists, and a mass resignation of the agency's Board in protest followed.<ref>[https://www.weeklystandard.com/Content/Public/Articles/000/000/012/191kgwgh.asp Banned in Boston], by Maggie Gallagher, ''The Weekly Standard'', 05/15/2006, Volume 011, Issue 33.</ref> | + | In 2006, Catholic Charities of Boston closed their adoption program after more than a century of finding homes for [[orphan]]s and unwanted children when it was reported by the ''Boston Globe'' that homosexual couples had received children placed from the agency.<ref>[http://www.boston.com/news/local/articles/2006/03/11/catholic_charities_stuns_state_ends_adoptions/ Catholic Charities stuns state, ends adoptions], By Patricia Wen, ''The Boston Globe'', March 11, 2006.</ref> Massachusetts law, barring "orientation discrimination", prohibited one of the nations oldest adoption agencies from refusing service to homosexual activists, and a mass resignation of the agency's Board in protest followed.<ref>[https://www.weeklystandard.com/Content/Public/Articles/000/000/012/191kgwgh.asp Banned in Boston], by Maggie Gallagher, ''The Weekly Standard'', 05/15/2006, Volume 011, Issue 33.</ref> |
| | An April 2009 CNN poll showed the public evenly divided over the US military's Don't Ask Don't Tell policy, with 48% in favor and 47% opposed.<ref>Polling Report http://www.pollingreport.com/civil.htm</ref> Polls consistently show that most people are opposed to same-sex marriage. Thirty states have had a public referendum on same-sex marriage, and all thirty have voted against it. | | An April 2009 CNN poll showed the public evenly divided over the US military's Don't Ask Don't Tell policy, with 48% in favor and 47% opposed.<ref>Polling Report http://www.pollingreport.com/civil.htm</ref> Polls consistently show that most people are opposed to same-sex marriage. Thirty states have had a public referendum on same-sex marriage, and all thirty have voted against it. |