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February, 2004 |
The Unexpected Politics Of Marriage In 2004
Dear Reader;
Events of the past month make it clear to me that defending marriage will be a major issue in the Fall elections-- all the way
from the presidential contest down to many state and local races.
Among the recent major political developments:
- The Supreme Judicial Court of Massachusetts has ruled 4-3 that "civil union" legislation will not comply with its
ruling in the Goodridge case last November. There, the court held that the state's constitution requires legalization of
same sex marriage. With the possibility of a political compromise now gone, the stage is set for a major showdown when
the legislature votes February 11th on a proposed constitutional amendment to define marriage in the commonwealth as the
union of a man and a woman. How legislators vote on this proposed amendment and future issues related to marriage will no
doubt be election issues in their re-election campaigns.
- In his recent State of the Union address, President Bush moved closer to endorsing a constitutional amendment defining
marriage. (We have posted that portion of his speech on our Web site.) The president also has proposed a $1.5 billion, five
year federal program to promote and strengthen marriage, particularly among lower income individuals.
- At the same time, the emergence of Senator John Kerry as the likely Democratic presidential nominee further highlights
marriage as a national campaign issue. Kerry not only represents Massachusetts, the state that is currently focusing
national attention on the fight to defend marriage, but he is one of only 14 senators who voted against the federal
Defense of Marriage Act to protect marriage signed into law by President Clinton in 1996. He no doubt will have numerous
opportunities to try to explain that vote if he wins the nomination.
- There is increasing pressure to bring a marriage amendment to the U.S. Constitution to a vote this year, at least in
the House of Representatives. If that happens, it will bring the issue home to every voter across the nation. Even without
a vote, it now will be very difficult for any candidate for the House or Senate to avoid declaring whether they support a
constitutional amendment, guaranteeing that this will be an election issue in many congressional races.
- Defending marriage now has become the front line in what has been termed the "culture war." Conservative, religious
and pro-family groups on the one hand and homosexual activists and their allies on the other are all making it a major
political organizing and rallying issue and pouring millions of dollars into their efforts. This will further ensure a
high national profile for marriage as a political issue.
The emergence of marriage as a major political issue is truly a remarkable development, one that is disturbing in some
ways.
Just a decade or so ago it would have been hard to envision a credible scenario where a serious candidate's position on
marriage would be a major election issue. In those "good old days," marriage, defined as the union of a man and a woman,
seemed so firmly and fundamentally embedded in our laws, our culture, our history and our values and expectations as a
society that support for it was a "given" in American politics. Now, a candidate's position on marriage is likely to be
the "wedge issue" on which many voters will decide whether to support or oppose that candidate.
While this is a sad and telling commentary on our society, the fact that marriage has become a political issue is not all bad
news. For example, there now will be a more serious public discussion of the role of marriage, what it contributes to our
society and why it is vital to our future. This dialogue is sorely needed - now perhaps more than at any time in our history.
The most difficult thing in any public education effort is to first get the public's attention. We now have it, and with that
attention we also have a rare opportunity to build public support for this vital institution.
It may also be useful that the threat to marriage comes largely from activist judges who increasingly are usurping the power
to determine social and moral policies that in our democratic system must be the prerogative of the people. Because they are
tampering with something so important to so many Americans, they are creating a political backlash. This overreaching by the
judiciary may finally arouse enough Americans to do something to curb the abuses of these activist judges.
Of course, if we are successful in defining marriage in our Constitution, the fundamental document by which we govern ourselves,
we will do much more than protect marriage from the present threats, as important as that is. We will also send a clear message
to all future generations of Americans, and, indeed, of the world, that marriage is as important to our future as a nation as
any other institution and right protected in our Constitution.
I am optimistic that we will succeed, if somewhat guardedly so. But I am absolutely certain that we must succeed. So much of
our future depends upon it.
What each of us does in the months ahead will make all the difference.
Sincerely,
Richard G. Wilkins
Chairman |
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Massachusetts Focus
Following a ruling by the Massachusetts Supreme Judicial
Court that only legalized same sex marriage would meet the requirements of their Goodridge decision, a major showdown vote
in the state legislature is expected on February 11th. The state legislature is scheduled to meet on that date as a
constitutional convention to consider an amendment to the state constitution to define marriage as the union of a man and
a woman. In December of 2003 the state senate had asked the court whether a proposed "civil union" law would satisfy the
courts decision in Goodridge. By the same 4-3 split with which it ruled in that case, the court said no.
A constitutional amendment would have to be passed by two successive state legislatures before going to a vote of the
people, so the soonest the state constitution could be amended would be 2006. The court had imposed a 180 day deadline
for the legislature to comply with its decision. That deadline of May 17th has the governor and legislators scrambling to
find a way to postpone the legalization of same sex marriage until the people can vote on an amendment.
We are creating a Massachusetts Focus page on our Web site that will provide links to pertinent news articles reporting what
is happening in Massachusetts for those interested in
more details.
The Coalition for Marriage, an umbrella group for many Massachusetts groups fighting to defend marriage and stop the
legalization of same sex marriage in that state, has produced an excellent "Citizen Action Guide." It is available
here. (pdf file) |
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The Political Watch
Several items of interest on the national political front
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Recent News Articles of Interest
- President Moves Closer to Supporting Amendment in State of the Union
Reaction was decidedly mixed to President Bush's strong reiteration in his State of the Union address of his support for
marriage and suggestion that he is moving closer to supporting a constitutional amendment. A round up from the Washington
Times here.
- Conservatives Split Over Amending the Constitution
Conservatives differ over the language of a constitutional amendment and even whether to amend the constitution at all.
A summary of positions and concerns from Fox News here.
- Massachusetts Reaction to Supreme Judicial Court Decision
Analysis of, and reaction to the ruling by the Supreme Judicial Court that only legalized same sex marriage would
satisfy its decision in the Goodridge case from Massachusetts politicians and interest group leaders. Articles from the
Boston Globe here,
here
and here.
- Excerpts from Massachusetts Supreme Judicial Court Decision
Excerpts from the Massachusetts Supreme Judicial Courts ruling that only legal same sex marriages and not civil unions
would satisfy its decision in the Goodridge case. Article
here.
- States Around the Country Respond to Massachusetts Threat
Reactions to the Massachusetts court decision has spurred action in a number of states around the country to take
preventative action to protect marriage, ranging from enacting state defense of marriage laws, strengthening laws
already on the books and amending their state constitutions. A round up from the Christian Science Monitor
here.
- Massachusetts Court Action Energizes Federal Amendment Campaign
The ruling by the Massachusetts Supreme Judicial Court that only legalized same sex marriage, and not a civil unions law,
will satisfy its decision in the Goodridge case is energizing opponents of same sex marriage around the country and
building support for a federal constitutional amendment. Washington Times article
here.
- Massachusetts Governor Offers Reactions, Advice to Protect Marriage
Massachusetts Governor Mitt Romney, in the center of the fight over legalizing same sex marriage in his state, offers some
observations on the proper role of the judiciary, the rights of the people, and advice for other states to avoid the
problems his state faces.
Op-Ed piece from the Wall Street Journal
here.
- Ohio Becomes 38th State to Pass A DOMA
Ohio became the 38th state to pass a "defense of marriage act." This is particularly significant since a federal
constitutional amendment must be passed by 3/4ths of the states, or 38. Article with some national reactions from the
Washington Times here.
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Thoughtful Commentary on Defending Marriage
We have posted some thoughtful commentary on defending
marriage on our Web site,
including items by Richard Wilkins, Chairman of Defend Marriage, Marcia Barlow and
Craig Cardon with United Families International, Researcher Maggie Gallagher and others. |
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