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This issue has and will continue to effect local, state, and the presidential elections this year. Below I describe the background on the issue and what your vote will decide.
Background
The debate of “gay marriage” as it is commonly called has the continued effects of the Defense of Marriage Act, passed in the U.S. Congress in 1996, and was re-sparked when San Francisco and Massachusetts began issuing same-sex marriage licenses earlier this year. The Defense of Marriage Act states that “no State shall be required to give effect to a law of any other State with respect to a same-sex marriage."
Missouri was the first state to act, when it successfully passed a State constitutional amendment last month banning same-sex marriage; Louisiana will be voting on a similar amendment later this week. Twelve other states, including Georgia, are placing their own versions of constitutional amendments for voters to decide on in November ballots.
On the national level, two bills* were introduced in Congress in the past year. A joint resolution (or bill) proposing an amendment to the Constitution of the United States, defining marriage as union between a man and a woman, was introduced to Congress late last year but defeated in the Senate this July. Immediately following this defeat, the U.S. House of Representatives introduced and passed the Marriage Protection Act, which removes Federal court jurisdiction over the 1996 Defense of Marriage Act. This bill entered the Senate Judiciary Committee on September 7 to be discussed before a vote.
Majority of Democrats are defensive on this issue stating that it is a political ploy by conservatives to divide their base of support. Republicans disagree and state their efforts will protect marriage from recent court rulings such in Massachusetts and San Francisco.
According to a CBS poll in May, 70% of registered voters do not think this issue should be included in election year politics at all. The majority of Americans also oppose same-sex marriages.
Effects of your Vote
WHEN you VOTE in November, your choice for President could affect whether or not the U.S. Constitution will be amended to include the definition of “marriage” as only between a man and a woman. While the process to amend the U.S. Constitution is very difficult because of the number of votes required at the national and state levels and the bill was defeated recently in the U.S. Senate, this bill can be re-proposed in Congress another time.
President Bush has stated he would vote in favor of such an amendment, while Senator Kerry said he would oppose amending the constitution for this issue. Kerry was one of 14 Senators to vote against the Defense of Marriage Act.
If you live in a state where there will be a ballot initiative that asks for your vote on an amendment to your State’s constitution, your vote will have direct legal and emotional affects on people in your state. However, many states will not show the entire amendment written on their ballots, so people will be voting based on a portion of the whole text.
For example, in Georgia, over 100 words of Amendment One will not be listed on the ballot. Only this first sentence will appear: “Shall the Constitution be amended so as to provide that this state shall recognize as marriage only the union of man and woman?" The part of the amendment that affects current domestic partner benefits such as health insurance, 2-parent adoptions, hospital visitation rights, inheritance, wills and other arrangements will not be shown: “No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage.”
In order to find out what will be on your ballot, go to your Secretary of State’s website, which should list the candidates and ballot initiatives for November. Usually, the amendments proposed will have a State Senate or House resolution number listed. You will then need to search the legislature’s web site with that resolution number. This will give you the entire text you will be voting on. While this sounds complicated, it is really only a matter of a few clicks of your mouse.
If the national level is any indication, this issue will almost completely be a partisan issue at the State level. Republicans tend to vote in favor of these amendments and Democrats tend to vote against them. Politicians are influenced most by constituencies, so you can have conservative Democrats such as Democrat Nick Clooney from Kentucky and moderate Republicans such as John McCain from Arizona who vote against the party line. Either way, you need to do the background check to see who supports your views.
Empower yourself with the information you need to make informed decisions. Even if this issue does not affect you, any future ballot initiatives can and the people you vote for each year will have direct impact on your life.
*A bill can be considered a “proposed law” that is debated and voted on by both branches of Congress – the House of Representatives and the Senate. It can be introduced by a member of either branch or members of both branches jointly. If the bill passes Congress, it can become a law after the President signs it. This is the same process in State legislatures except that the Governor signs the bills instead of the President.
And, as always, I appreciate any feedback on issues you would like to see covered in this column. Please send your feedback to
contact@nripulse.com.
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