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Fall, 2003 |
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In this issue: The Great Massachusetts Supreme Court "Mystery" And Some Major Developments In the Fight To
Defend Marriage.
Dear Reader:
There have been a number of significant developments in the fight to defend marriage since our last newsletter and we highlight them in
this issue. However, there is some mystery attached to what will be, potentially at least, the most significant development. The mystery
is, where is the decision of the Supreme Court of Massachusetts in the case of Goodridge v Massachusetts that is widely expected to
legalize same sex marriage?
Under the court's normal schedule, this decision should have been handed down more than three months ago and the delay has lead to
considerable speculation about why it is so long overdue. One theory is that the court is carefully examining the U.S. Supreme Court's
recent decision in the case of Lawrence v Texas that overturned Texas' anti-sodomy law and especially the expansive reasoning of the
majority in that case. The Massachusetts court, this theory goes, is crafting its decision to follow Lawrence as closely as possible and
perhaps even expand upon it.
Another explanation that has been suggested is that the Massachusetts justices were as stunned as everyone else at the extent of the
public backlash that followed the Lawrence decision. The media widely reported that decision as a major advance of the homosexual
agenda and as a clear potential threat to marriage. A series of opinion polls taken since the decision was handed down show that many
voters understand this and have hardened their opposition to the homosexual agenda and increased their determination to protect
marriage.
According to this line of speculation, while the activist judges on the Massachusetts court indeed intended to somehow legalize same sex
marriage in the commonwealth by judicial fiat, after seeing the backlash to Lawrence they recognize that such a decision would be the
flashpoint that would ignite a true political firestorm over this issue. Certainly, many homosexual activists and their allies after
witnessing this backlash have made it clear that they fear this would be the result of such a decision. The Massachusetts court, this
theory goes, is therefore looking for some way of granting marriage-equivalient rights to homosexuals without actually legalizing marriage,
perhaps along the lines of Vermont's "civil union" law.
Whatever the cause of the delay, at some point the court will have to hand down a decision. While the mystery will be solved, the
political impact will continue. Even if the Massachusetts court does not legalize same sex marriage, the months of speculation that it
will do so has fueled a great deal of activity in the political arena because it has educated many policy makers and much of the public
to the threat posed by a state taking such action.
Among other significant national developments.
• The first congressional oversight hearings on the same sex marriage issue were held in the Senate in early September. The hearings
focused on what is necessary to preserve the intent of Congress in passing the federal Defense of Marriage Act that marriage in the
United States be limited to the union of a man and woman. We provide a link to some of the testimony presented at these hearings held by
the Senate Judiciary Committee's Constitution Subcommittee chaired by Texas Senator John Cornyn.
The subcommittee requested that I submit testimony for that hearing and we have posted my statement on the Web site. (We also have posted
a "Dear Colleague" letter Sen. Cornyn sent to all of his senate colleagues after that hearing. It is one of the best and most concise
summaries of the legal and political situation with respect to the demands to legalize same sex marriage and shows why a constitutional
amendment is needed. We are recommending that everyone contact Senator Cornyn and compliment him for his leadership on this issue.
Contact information is provided in this newsletter.)
• In recent weeks, several additional Senators have announced their support of a constitutional amendment to define marriage. Senators
Sam Brownback (R-KS), Rick Santorum (R-PA) and Jeff Sessions (R-AL) join a growing list which includes Senate Majority Leader Bill Frist
and Senate Judiciary Committee Chairman Orrin Hatch.
• There is serious talk among Republican Party activists about including a call for a constitutional amendment as a plank in the GOP's
national platform next year
• A coalition of mainline, mostly religious-based conservative organizations known as the "Arlington Group" is going to be making the
question of support or opposition to legalizing same sex marriage a major political test for incumbents and challengers in the upcoming
election cycle. The group is planning extensive media and public education efforts as well as a nationwide voter registration drive.
• Some of these same conservative organizations are also considering whether to push a constitutional amendment that is more restrictive
than H.J. Res. 56, the Federal Marriage Amendment already introduced in the House. The amendment they are considering would go beyond
defining marriage in the U.S. as the union of a man and a woman to also prohibit state legislatures from enacting "civil union" statutes
like the current Vermont law.
• Meanwhile, H.J.Res. 56, the Federal Marriage Amendment and the only constitutional amendment introduced so far in either the House or
the Senate, now has 96 of the 290 votes (two thirds of the House) needed for passage. We have posted the updated co-sponsor list on our
Web site.
• President George Bush proclaimed the week of October 12th as national "Marriage Protection Week," part of his ongoing efforts to
strengthen marriage.
• A World Congress of Families USA Conference, "Defend Marriage and the Family," co-sponsored by Defend Marriage, is scheduled on November
22nd in Phoenix to kick off a national campaign to defend marriage and the family in the U.S. and around the world. More information on
this important conference, to which the public is invited, is available below.
It has been evident for some time now that on the issue of legalizing same sex marriage we as a society are standing at a critical
crossroads. If those who are advocating that it be legalized are successful, our future as a nation will be very different-and far less
bright-than it will be if we can protect this critical and fundamental institution.
Now, it appears that the effort to protect marriage will be a major political issue in the upcoming election cycle as well. That is as it
should be in a democratic system when so much is at stake. It also gives every one of us who want to defend marriage numerous
opportunities to effectively help do that.
It should be a very interesting year.
Sincerely,
Richard Wilkins
Chairman |
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Defend Marriage Co-sponsors Important National Conference-And You Are Invited!
Defend Marriage is proud to join with United Families International, The
Howard Center for Religion, Family and Society, Family Action Council International, American Mothers, and other groups and distinguished
individuals in co-sponsoring "The Defend Marriage and Family Conference" in Phoenix on November 22nd. This conference is a World
Congress of Families USA Event and will kick off national and international campaigns that will unite government, community and religious
leaders with concerned citizens and families in defense of marriage and the family here and abroad.
National television and radio talk show host and political commentator Sean Hannity will keynote this important conference. Other
speakers include Allan Carleson, President of the Howard Center, Maggie Gallager of the Institute of American Values and Richard Wilkins,
Chairman of Defend Marriage.
These internationally recognized experts will present perspectives on the status of marriage and the family here and abroad which will be
disturbing to everyone who understands the vital role these institutions must play if we are to solve the problems facing us. But the
conference will do much more than educate participants on the dangers we face. It will also lay out what every concerned citizen can do
to help defend marriage and the family.
Please join us in Phoenix. More information and details are available on the United Families Web site,
www.unitedfamilies.org, or by e-mailing us
directly |
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Let Senator Cornyn Know We Appreciate His Efforts!
Texas Senator John Cornyn has shown commendable leadership on the issue of legalizing same sex marriage by holding the first congressional
hearings to examine what is necessary to preserve the intent of Congress when it enacted the federal Defense of Marriage Act (DOMA) that
marriage in the United States be the defined as the union of a man and a woman. (Links to the statements presented at the hearings and to
Defend Marriage Chairman Richard Wilkins' testimony are provided below.)
Following the hearings, Senator Cornyn circulated an excellent letter to his colleagues summarizing the developing threat to marriage and
giving some of the findings of those hearings. He concluded that "the hearing demonstrated beyond all doubt that judicial activism is
indeed a serious threat to the institution of marriage. We in Congress, and especially those of us who voted for or support the Defense of
Marriage Act, thus have a duty to closely monitor this situation... We should all agree that the issue of marriage is something that
belongs to the American people to decide, and should remain within the purview of the democratic process. It should not be taken over by
the courts."
This letter is well worth reading and is available on our Web site here. It
is also important that leaders like Senator Cornyn hear from people who appreciate the leadership he has shown on this issue. We
encourage all who support marriage and the family to send him an e-mail or fax or mail him a note expressing their appreciation for his
efforts. The most efficient way to do this is through his subcommittee office and staff. Here is the contact information:
Subcommittee fax: 202-228-2281
E-mail (via his subcommittee staffer): Josh_Sandler@judiciary.senate.gov
You can use this address and salutation for letters:
The Honorable John Cornyn, Chairman
Judiciary Subcommittee on The Constitution
139 DSOB
United States Senate
Washington, D.C. 20510
Dear Mr. Chairman:
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The Political Watch
• President Bush proclaims national Marriage Protection Week, October
12-18, 2003. Declaring in his proclamation that "Marriage is a sacred institution, and its protection is essential to the continued
strength of our society," the president said that the week "provides an opportunity to focus our efforts on preserving the sanctity of
marriage and on building strong and healthy marriages in America." Significantly, the President declared that "Marriage is a union
between a man and a woman" and said his administration is "working to support the institution of marriage by helping couples build
successful marriages and be good parents." The full text of the proclamation
here.
• Defend Marriage Chairman Richard Wilkins' testimony for the Senate Judiciary Constitution Subcommittee focused on two important issues.
"One is the likelihood that this Act (the federal Defense of Marriage Act) will survive a constitutional challenge. The other is the
extent to which our courts are being influenced by the actions of other nations and United Nations organizations with respect to the
legalization of same sex marriage." Complete text of his testimony here.
Other witness statements are posted on the Judiciary Constitution Subcommittee Web site
here.
• A Report on Senator Cornyn's Judiciary Subcommitee hearings by a Defend Marriage associate who attended the hearing is posted on the Web
site here.
• The Federal Marriage Amendment, H.J.Res. 56, currently has 96 co-sponsors. The list of these co-sponsors is posted
here. |
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Canadian Update
Defend Marriage Canada has been one of the organizations in the forefront of the efforts
to defend marriage in that country. In recent weeks, however, supporters of marriage have suffered two significant defeats. In
mid-September the House of Commons by a five vote margin defeated a resolution offered by the official opposition party, Canadian Alliance,
that would have put the House on record as supporting marriage as the union of a man and a woman. In 1999, the House passed the same
resolution by an 80% majority.
Pro-marriage groups lost another major battle when the House of Commons passed bill C-250 that will amend the hate crime section of the
Canadian criminal code to add the category "sexual orientation" to the existing categories in the law, which include race and national
origin. The bill now goes to the Senate, where passage is considered virtually certain. If this bill becomes law, it will have a chilling
effect on the debate over same sex marriage in Canada because of the danger that opposition statements could be branded as "hate speech"
subject to criminal penalties. Already, there are several incidents where Canadians opposed to the homosexual agenda have been found
guilty of violating the existing laws for voicing or publishing their criticisms. This amendment is expected to make such prosecutions
even easier.
Meanwhile, the ruling Liberal Party in Canada is pressing ahead with its plans to enact legislation that will make same sex marriage in
Canada legal nationwide. Currently, only two provinces, Ontario and British Columbia, have legalized same sex marriages. It is still
unclear if Parliament will vote on the government's bill before its expected adjournment in mid November.
For more information on the situation in Canada, visit Defend Marriage Canada's
Web site. |
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