NOW, THINK ABOUT THE AGE OF CONSENT: Philip Jenkins

...Here's a simple question: If a state legalizes gay marriage, what is the age of consent? If we assume, for the sake of argument, that the gay age would be the same as the heterosexual age, the answer is startling. About 30 states fix the age of sexual consent at 16, with a few listing 17 or 18. Now, those minimum ages have qualifications--so many in fact that the whole area of consent law nationwide is a legal minefield. Even while stating a minimum age, some jurisdictions place added restrictions in some circumstances. Sensibly, some forbid relationships between teenagers and older adults who might have some position of authority over them, such as teachers or pastors.

But many states lower the age of heterosexual consent in the case of marriage. Even states with a legal age of 16 or higher will allow people to marry younger, provided they have the consent of their parents and--in many cases--the permission of a judge. The fact that such laws exist for heterosexual couples almost certainly means that any state legalizing gay marriage would have to apply those ages equally to homosexual duos.

When the Massachusetts Supreme Court handed down its landmark decision on gay marriage, the justices had in their minds the image of adult or middle-aged couples. But what they did in practice was to revolutionize the law on teenage sexuality. The court explicitly declared that homosexual couples must be entitled to full marriage rights. If that equalizing approach applies to the age of consent, Massachusetts boys now can marry at 18, unless they have parental consent or a judge's permission, in which case the age is 14.

So how does that constitutional amendment sound right now?

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posted by Eve at 5:11 PM | link

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