Deseret Morning News, Thursday, March 04, 2004 Senate panel takes up marriage amendment
By Lee Davidson Deseret Morning News WASHINGTON — The Senate Judiciary Committee began emotional hearings Wednesday on a proposed constitutional amendment to ban same-sex marriage — seen either as a last stand for traditional family values or an attempt to rob gays of civil rights. The session made for unusual alliances. Some liberals supported the amendment plan, others hated it. Likewise some conservatives praised it, and others abhorred it. Ditto for Democrats. And for Republicans. And for African-American leaders. And church groups. Among leaders of the chorus praising the proposed amendment is Sen. Orrin Hatch, R-Utah, the committee chairman — although he also says alternatives besides a constitutional amendment should be considered too. "It is now clearer to me than ever that courts are usurping the role of legislatures by imposing their own definitions of marriage on the people, and we must do something about this," Hatch said in a written statement. "I think we need to consider amending the Constitution" — and said he would vote for a version favored by President Bush. The hearing comes as the highest court in Massachusetts ruled that state must allow gay marriage — and as local officials in California, New York, New Mexico and Oregon have begun allowing them. Last week, Bush called for a constitutional amendment to define marriage as between a man and a woman. As couples — of both the married and same-sex variety — crowded the hearing room with their children to serve as symbols of what is at stake, both sides made their arguments before the Judiciary Subcommittee on the Constitution. NAACP President Hilary Shelton opposed the proposed amendment, saying it would "discriminate and restrict rather than expand and protect the rights for any and all persons." But the Rev. Richard Richardson of the Black Ministerial Alliance of Greater Boston said, "As an African-American, I know something about discrimination. . . . The traditional institution of marriage is not discrimination. And I find it offensive to call it that." Richardson said traditional marriage is the best institution to ensure that children are raised by a loving mother and father. He said that ideal is under attack on many fronts and that disintegrating families have dire consequences in inner cities he serves. "Without traditional marriage, it is hard to see how our community will be able to thrive." Agreeing was Daniel de Leon, an Assembly of God pastor representing AMEN, a group of Hispanic evangelical churches. "My people know something about discrimination. The institution of marriage was not created to discriminate against people. It was created to protect children and to give them the best home possible — a home with a mother and a father." Disagreeing was Sen. Russ Feingold, D-Wis., ranking subcommittee Democrat. "An amendment regarding same-sex marriage would write discrimination into the governing document of our nation." He said he expects bitter battles, saying, "Taking away a group of people's rights forever can never be done in a civil manner." Likewise, Sen. Edward Kennedy, D-Mass., said, "By endorsing this shameful proposed amendment, in a desperate tactic to divide Americans in an attempt to salvage his faltering re-election campaign, President Bush will go down in history as the first president to try to write bias back into the Constitution." But Maggie Gallagher, president of the Institute for Marriage and Public Policy, said most Americans do not believe it would be discrimination. "Sixty percent of African-Americans oppose same-sex marriage, as do 60 percent of white Americans, according to a November Pew poll. . . . Are they all bigots?" While some churches praised the amendment plan, others publicly opposed it — including the Unitarian Universalist Association of Congregations and the Presbyterian Church (USA). And while key Democrats such as Kennedy and Feingold oppose the proposed amendment, some Democrats have co-sponsored it. (Among those who have publicly supported it is Rep. Jim Matheson, D-Utah.) And while Hatch and Senate Republican Leader Bill Frist, R-Tenn., support the proposed amendment, Sen. Lincoln Chaffee, R-R.I., joined opponents of it in a press conference Wednesday. Also, many conservatives do not like amending the Constitution at all — while others want to go even further than Bush to also ban "civil unions" for gays. Sen. Bob Bennett and Rep. Rob Bishop, both R-Utah, have not yet endorsed amending the Constitution, saying they want to look at all options to defend traditional marriage. One well-known conservative, Chuck Muth, president of Citizen Outreach, blasted the proposed amendment at the hearing. "We strongly oppose the notion of addressing this issue of social policy in our nation's governing document." He likened the amendment to another one proposed a century ago to ban interracial marriage. Muth said, "If Congress moves forward with this current marriage amendment, I suggest that Americans 100 years from now will likely look back on this distinguished body with equal amazement, if not disgust." Hatch said more hearings are likely to look at competing amendments and other options to defend traditional marriage. Enacting a constitutional amendment requires passage in both houses of Congress by two-thirds majorities and ratification by legislatures in three-fourths of the states. Hatch said obtaining a two-thirds majority in the Senate this year will be difficult. 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