On May 28th, The Human Rights Campaign denounced the introduction
of the Federal Marriage Amendment in the U.S. House of Representatives.
The measure seeks to permanently deny marriage to same-sex couples. It
further seeks to circumvent state and federal courts from hearing cases
on marital benefit issues. Two states, Massachusetts and New Jersey,
are currently reviewing landmark same-sex marriage cases.
"The U.S. Constitution is a document designed to protect the basic
equality and civil rights of all Americans. Using the Constitution to
deny rights to same-sex couples flies in the face of everything that
makes this country great," said HRC Executive Director Elizabeth Birch.
"The bottom line on the issue of marriage is that gay and lesbian
couples deserve the same rights and protections that most other American
families take for granted."
A 1997 study by the General Accounting Office showed that there are more
than 1,000 federal rights, benefits, obligations and protections
associated with marriage that gay and lesbian couples currently have no
access to, including tax benefits, inheritance rights and even
privileges as basic as being able to make decisions for a partner in the
hospital.
A recently released Gallup Poll showed that six in 10 Americans support
giving same-sex couples the same legal rights as married heterosexual
couples regarding health care benefits and Social Security survivor
benefits. The poll also showed that the country is evenly split, 49
percent in favor and 49 percent against, on allowing gay and lesbian
couples to legally form civil unions, giving them some of the legal
rights of marriage.
A recent study of the 2000 Census by the Urban Institute showed that the
average same-sex couple is, statistically speaking, a mirror image of
the average married couple. For example, the average same-sex couple
with children in Ohio is raising 1.79 children, while the average
heterosexual couple is raising 1.93 children. Also in Ohio, 75.1 percent
of same-sex couples own their homes, and 82.2 percent of other couples
own their homes, which have the same median value of $112,500.
"Clearly, the similarities between same-sex couples and married couples
far outweigh the differences," said Birch. "This amendment is divisive
and discriminatory, and seeks to treat one group of citizens differently
than everyone else. That's just wrong."
The amendment states: "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, nor state or federal
law, shall be construed to require that marital status or the legal
incidents thereof be conferred upon unmarried coupled or groups."
Passing a constitutional amendment is, by design, a complicated and
complex process. First the amendment has to be introduced as a joint
resolution in the House and Senate. The amendment must pass both houses
by a two-thirds majority vote. The amendment must then be ratified by
three-quarters of states. Last year, during the 107th Congress, a
similar resolution was introduced in the House, but never in the Senate.
That resolution did not receive any legislative action, and subsequently
died.
The Federal Marriage Amendment, introduced May 21, is sponsored by
Republican Reps. Marilyn Musgrave of Colorado, Jo Ann Davis of Virginia
and David Vitter of Louisiana, and Democratic Reps. Ralph M. Hall of
Texas, Collin C. Peterson of Minnesota and Mike McIntyre of North
Carolina. Several of these members co-sponsored the bill last year.
There is no Senate companion measure.
"This amendment, and the small handful of people supporting it, not only
face strong opposition in the hearts and minds of most Americans, but
also have to overcome significant built-in constitutional hurdles.
Ultimately, this amendment will most likely equate to little more than a
mean-spirited sideshow,"said Birch.
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