On some questions of personal conduct, such as abortion and adultery, surveys show that significant numbers of Americans want these actions to be illegal. However, that doesn't necessarily mean the public wants people to be arrested. These Americans may be willing to tolerate these activities as unfortunate facts of life, but they also fear that making something "legal" sends a message that it is also acceptable. For this group, making something "illegal" sends a strong statement of social disapproval. Those who want homosexuality to be "illegal" follow precisely this pattern. As one survey shows, roughly a third of Americans say homosexuality should be illegal, but most of these people change their minds when asked whether consenting adults engaging in homosexual activities in private should be prosecuted for a crime. [The U.S. Supreme Court struck down laws against sodomy in 2003.] Although the numbers fluctuate, people are currently less likely to say homosexual relations should be illegal. It is also significant that most people, despite public controversy, don’t seem to want strong government action. Strong majorities say gay marriage should not be an important issue in the 2004 elections. And more than half of Americans say allowing gay marriage would demean the institution of marriage, but just as many say the government should not promote traditional marriages. See also our Red Flags on Abortion

Majorities of Americans say gay marriage should not be an important issue in the 2004 elections