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| P. O. Box 22100, Lexington, KY 40522 |
Phone: 859-255-5400
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Marriage amendment considered for state
With only one month left in the session, it will have to move quickly. From, The Kentucky Citizen Digest, March/April 2004
Across the nation, the question of whether marriage should be
re-defined has grabbed the headlines and the attention of citizens and
public officials alike. Whether we like it or not, every American is
going to face this issue time and time again in the months and perhaps
years to come.
In Massachusetts, the Supreme Court actually ordered the state
legislature to re-define marriage to include same-sex marriage. In
San Francisco, the mayor directed the city's courthouse to issue
same-sex marriage licenses even though such marriages violate
California law. The debate will likely shape the national landscape
through this fall's presidential election, but Kentucky has its own
role in the debate, and that role may be more important than anyone
might think.
Though Kentucky's legislature passed a Defense of Marriage Act (DOMA)
in 1998 in anticipation of such a debate, legislators recognize that a
state's constitution is its ultimate authority. Any state that has a
clear traditional definition of marriage - that of one man and one
woman - in its constitution cannot have its culture, customs or laws
hijacked by rogue judges who wish to rule in favor of their own biases
as was done in Massachusetts. Any state without clear definition in
its constitution is vulnerable, even one with a DOMA.
This legal reality, as well as the current national debate, has
precipitated the introduction of two proposed amendments to the
Kentucky constitution in this General Assembly session. One is in the
House of Representatives, introduced by Democrat J.R. Gray, and the
other is in the Senate, sponsored by Republican Vernie McGaha. Both
amendments aspire to do the same thing: protect traditional marriage
from any kind of re-definition.
Proponents of an amendment point to the radical gay agenda as the
primary initiator of the movement to re-define marriage, but they also
are aware that the recent U.S. Supreme Court ruling in Lawrence v.
Texas may energize those who desire to legalize polygamy.
Opponents generally attempt to make the issue one of civil rights,
saying that gays and lesbians are discriminated against when
heterosexual marriage is the only legal model for marriage.
In this presidential election year, Kentucky's handling of the
amendments may actually be a bell weather for the nation - remember,
it was the first state listed in the "Bush column" in the 2000
election and it voted twice for Bill Clinton. If Kentucky moves
quickly, passing an amendment, there will likely be a domino effect,
energizing other state legislatures to move forward. If that happens,
the intensity can only rise in the election campaigns.
If Kentucky fails to act, observers believe the local wranglings,
whether on the state level, as in Massachusetts, or on the municipal
level, as in San Francisco, will likely continue, leading to an
erosion of laws favoring traditional marriage across the nation.
During the Civil War, Kentucky was known as a "border state," unable
to decide to be a "slave" or a "free" state. In this brief moment of
history, our Commonwealth has the opportunity to lead the nation in
the plumb line of American culture - the health and welfare of
marriage and family.
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