.
Senate judiciary panel backs constitutional amendment on marriage
Jeannie Shawl, Jurist News, November 10, 2005, at 11:45 AM ET
(JURIST NEWS) The U.S. Senate Judiciary Committee
Subcommitee on the Constitution (official website) approved a proposed constitutional amendment, the
Marriage Protection Amendment (.pdf format, AdobeReader® required), in a 5-4 vote Wednesday. The amendment, which defines marriage as a union between a man and a woman, will now go before the full judiciary committee and is expected to come up for a vote in the U.S. Senate next year.
U.S. Senator Arlen Specter (R-PA) (official website), chair of the (U.S. Senate) Judiciary Committee, voted in favor of allowing the amendment to proceed, and said that although he opposes the amendment it shouldn't "be bottled up" in committee.
The amendment wouldn't take effect until it is approved by two-thirds of the U.S. House and Senate and ratified by at least 38 state legislatures. Critics of the marriage amendment say the decision on whether to recognize
same-sex marriage (JURIST news archive) should be left up to the states. Nineteen states have passed state constitutional amendments banning same-sex marriage, including Texas, where
voters approved a same-sex marriage ban (JURIST report;
TX Proposition 2 text) earlier this week. AP has
more.
.
http://jurist.law.pitt.edu/paperchase/2005/11/senate-judiciary-panel-backs.php.
.
The proposed so-called "Marriage Protection Amendment" to the U.S. Constitution:
"Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman."
.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:sj1is.txt.pdf (.pdf format, AdobeReader® required)
.
.
As a Family Law attorney, I will add that this is one hell of a lethal blow to gays and their families in America if passed. It is a blanket discriminatory enactment. This U.S. constitutional amendment will not only put a lethal arrow through the heart of same-sex marriage in America, it may also imperil
all gains in Family Law and other areas of law for GLBTs, e.g., domestic partnerships, civil unions, healthcare benefits, child custody, and more. The list goes on.
I strongly doubt that it will become a part of our U.S. constitution. However, I urge that all DUers work to see that it never does.
.