Quote:
Same-sex marriage debate heats up in Boston
Protesters shout, scuffle as lawmakers argue issue
Thursday, February 12, 2004 Posted: 4:27 PM EST (2127 GMT)
BOSTON, Massachusetts (CNN) -- Massachusetts lawmakers were spending a second day Thursday trying to hammer out a compromise on whether the state will recognize same-sex marriages, and which rights it will allow such couples.
On Wednesday, lawmakers narrowly rejected two compromise proposals that sought to legalize civil unions but ban gay marriage. As married couples, same-sex partners would have more rights than in civil unions.
The key issue of whether to ban same-sex marriage through an amendment to the state constitution has not yet made it to a vote.
State Sen. Jarrett T. Barrios, a Democrat, made a personal plea against the proposed amendment, as the Legislature's only openly gay lawmaker.
"I am the first person to speak on this amendment who is directly affected by it, I'll admit it," Barrios said, adding that his partner of more than 10 years and his two adopted children would be denied health benefits if the amendment were enacted.
Also during Thursday's session, State Rep. Shaun P. Kelly, a Republican, filed a motion to adjourn the session, which would essentially allow the court ruling in favor of gay marriage to stand. But legislators rejected that move by a 153-44 vote.
The extraordinary constitutional convention began Wednesday, drawing about 3,700 people protesting on both sides of the issue. They lined the halls and stairwells of the Statehouse. Hundreds more gathered outside chanting slogans and waving signs. Chants of "Let the people vote" could be heard from people on both sides of the issue. [GG: I don't think that's correct. "Let the people vote" is the homophobic side's slogan du spin, poorly masking their hate.]
The move to debate an amendment banning same-sex marriage comes a week after the state's highest court ruled that such couples were entitled to marriage -- not simply civil unions.
With that ruling, Massachusetts stands to become the first state in the country to allow gay men and lesbian women to marry.
American flag, rainbow flag fly
Just before the convention began, a fight broke out in the Statehouse when the two opposing forces yelled and screamed at each other. Police broke up the scuffle without further incident.
At one point, those opposing gay marriages unfurled a giant American flag inside the Statehouse. Gay rights advocates held up a large "rainbow" flag, which has come to symbolize gay pride.
Protesters were not separated by sides. Gay rights advocates often stood next to their foes, exchanging an occasional scowl.
State Rep. Philip Travis, a Democratic sponsor of the amendment to change the state constitution, said Wednesday the union of one man and one woman "will be protected in Massachusetts."
He said he hoped Massachusetts would not be "the first state in the union to endorse gay marriage by legislation."
But state Sen. Harriette Chandler, a Democrat, told lawmakers, "I urge my colleagues to stand with me against discrimination today and to oppose this attempt to amend our constitution."
Let the people vote
Any amendment to change the state constitution would have to be ratified by both houses of the Legislature in two successive legislative sessions. Then the voters would have to approve it.
The earliest a constitutional amendment vote could be held would be November 2006. The Massachusetts Supreme Judicial Court has ordered the Legislature to allow gays to marry by this May.
Last week's ruling was in response to a question from the state Senate on whether civil unions for gay couples would be sufficient to meet the court's 4-3 November decision that gays and lesbians cannot be forbidden from joining in civil marriages under the Massachusetts Constitution.
Civil unions grant couples most of the rights of state civil marriages but provide none of the federal benefits of marriage such as Social Security.
Bush prepared to support constitutional ban
President Bush called the court's ruling "deeply troubling."
In his State of the Union address last month, Bush said he was prepared to support a constitutional amendment to prevent "activist judges" from "redefining marriage by court order."
Press Secretary Scott McClellan said the president is "committed to doing what is legally necessary. ... If necessary, he will support a constitutional amendment."
McClellan said the Massachusetts Supreme Court ruling had moved the president closer to endorsing a constitutional amendment.
Social conservatives have called on the White House to take an unequivocal stand against same-sex unions, arguing they pose a threat to fundamental Judeo-Christian values.
McClellan said Bush recently told GOP members of Congress that a proposed amendment written by Rep. Marilyn Musgrave, R-Colorado, was consistent with his views on the issue.
Politicians weigh in
The proposed federal amendment would forbid states from allowing gay marriages but permit them to pass laws allowing civil unions and same-sex legal partnership arrangements, as are now allowed in California and Vermont.
U.S. Rep. Barney Frank, D-Massachusetts, one of the nation's most prominent gay lawmakers, told CNN that gays are "not diluting the marriage between a man and a woman.
"The marriage between two heterosexuals who love each other, the overwhelming form of marriage, will be exactly unchanged," he said.
Thirty-eight states have passed laws forbidding the recognition of gay marriages.
The Massachusetts decision and similar court rulings in Canada also have entered the debate among the Democratic presidential candidates.
Front-runner Sen. John Kerry of Massachusetts has said he does not support gay marriage but does back civil unions. Former Vermont Gov. Howard Dean signed the first state law on same-sex civil unions.
Massachusetts Gov. Mitt Romney said the question of same-sex marriage should be one for voters -- not the courts -- to decide.
www.cnn.com/2004/ALLPOLIT...index.html
["Let the people vote" my *ss: hey, I'd really love to have my own slave, let's vote on that!
]I am against any so-called "compromise" on this issue: the time for civil marriage is now.
I know it was just a couple of years ago, when folks were running off to Vermont to get "united." It was an important step in the struggle . . . a step whose time has now passed.
The very fact that "civil union" is being debated in the context of banning same-sex marriage, makes it *abundantly clear* that any civil union law that arises now, will be notable for how unequal it will be to marriage.
Couples will not be able to take their civil unions to another state. Employers will not offer benefits on the basis of civil unions (unless they're already inclined to recruit/support LGBT employees: that is, benefits will be available to economically better-off couples at more enlightened employers, but that's all).
Civil rights aren't about appealing to the sympathetic---they're about compelling the recalcitrant (the Civil Rights Act of 1964, and the Voting Rights Act of 1965, were designed for *Mississippi*, not New York). The adamancy with which "gay marriage" (HATE that phrase! Don't *ever* use it---it's civil marriage for all couples/equality under the law that we're after) is opposed, shows just how much "marriage" (and no other legal status) is needed.
. . . and the Democrats (and their Presidential nominee *cough* "JFK the 2nd" *cough*) better realize this ASAP. The idea that this issue is going to go away, in this election year, if they hide behind civil unions, is laughable. Civil unions either enshrine LGBT couples in second-class status (in which case, the fight is not over!), or they leave LGBT couples in legal limbo, fighting state-by-state, court-by-court whether civil unions are "equivalent" or not (in which case, the fight is not over!). They settle nothing.
GG Civil marriage. Equality under the law. Period. End of story. Nothing more, and nothing less.
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