There is a certain element of chaos at work around every election that determines, in part, which issues will come to define it. Each candidate has a considerable amount of influence in making this determination, but other unpredictable factors always exert pressure on the race. So far, in the lead-in toward the 2004 Presidential election, incumbent President George W. Bush is trying to define the race in terms of national security and terrorism. His potential Democratic challengers, Senators John Kerry and John Edwards, are trying to make trade an issue by linking it with rampant job losses across the country. But while each side tries to push the issues on which they are strong, they are also scrambling to position themselves for the issue that no one wanted: gay marriage.
On November 18, 2003, the Supreme Judicial Court of Massachusetts ruled that refusing to issue a civil marriage license to a same-sex couple violated the Massachusetts Constitution. The plaintiffs in this case argued that the relevant portions of Massachusetts's marriage licensing law provide no explicit bar to same-sex couples, and that therefore licenses should be issued to same-sex couples. The Court held firstly that contained within the definition of marriage itself was the notion that it is specifically a union between a man and a woman. For this reason, the licensing law implicitly barred the granting of licenses to same-sex couples. The Court then declared the licensing law unconstitutional for that very reason. The Court lastly rejected the government's contention that there is any legitimate state interest served by barring same-sex marriage.
This decision, though long anticipated, sent shockwaves throughout the political landscape. George W. Bush was quick to denounce it, and the Democrats arrayed against him each struggled to find the appropriate position on the issue. The pundits immediately began debating whether this would become a potent wedge issue for Bush to use against the Democrats, or whether it would actually hurt Bush with suburban, middle-class, independent, or women voters.
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