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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Sept. 19, 2003)
September 19.2003 • ¡m m I M tfji g nTïïïTîTÏÏTnTïnews n oversight hearing on the Defease prohibitions on same-sex marriage more gener of Marriage Act—and implicitly ally will be held to be unconstitutional...within whether a constitutional amend the next five to 15 years." ment is necessary to prevent same- Michael Farris, an attorney and leader in the Mk. sex couples from marrying—con Senate Democrats question necessity of judiciary committee hearing Christian home schooling movement, charged: cluded with gay rights advocates heartened and “The courts are robbing the American people of by B o b R oeh r social conservatives at least mildly disappointed. their fundamental right to self-government. We The Senate Subcommittee on the Giastitution of are on the verge of a judicial revolution that has got to stop." the judiciary Gimmittee held the hearing Sept. 4. “I have long opposed government recogni Carpenter disagreed. “N o person who cares tion of same-gender marriages, and this legisla about the Constitution should support this tion [DOMA] is consistent with that position,” amendment. As a conservative, I believe it is said chairman John G>myn, R-Texas, in his unnecessary, it is unwise, it is contrary to the opening statement. “The question before us now structure of our federal government, it is anti- is whether the popular and bipartisan legislation democratic, and it is a form of overkill.... It is a solution in search of a problem.” will remain the law of the land, as the people mW m intend, or he overturned by activist courts." He said the amendment also might negate domestic partnerships, civil unions and other pro Those words pleased social conservatives, but tections. Hundreds of thousands of children are G tm yn’s tone— the coolness of a bureaucrat, not the visceral tear and loathing that tinges the voic being raised by gay couples in the United States, he noted. “Where are the protections under the es of many on the right in discussing gay mar law for these children?" riage— surely must have left many of them want ing more. His framing of the hearing— “Ameri added: “The Two years ago we were basic Carpenter cans instinctively and laudably support two fun question to ask and to damental propositions: that every individual is answer is: Given that gay peo all united against the worthy of respect and that the traditional institu ple exist in America and are common threat of tion of marriage is worthy of protection”— indi not going to be removed, what cated the balance he brought to the proceedings. terrorism; now I'm sitting is to be done about them? Are Five Democratic senators actively tcxik on we to shunt them to the side, to here and beina told that ostracize, to marginalize them? the far-right witnesses. Patrick Leahy of Vermont Or are we bring them into the set the tone for the Democrats when he re “We should not seek to amend the Gmstitution member of the Alliance for viewed the many pressing issues facing the coun in a way that will reduce its grandeur." Marriage in Massachusetts, fabric of American life?" try and said: “ I wonder whether Throughout U .S. history, discussed "the tripling of Keith Bradkowski spoke threat to our country" more than 10,OCX) amendments fatherlessness" in the Unit movingly of his 11 -year rela this issue really should demand — Keith Bradkowski tionship with Jeff Collman, a the attention of G m gress.... 1 to the Gmstitution have been ed States and the impor tance of stable families in fear that it may be political act proposed, but only 17 have been flight attendant on the first raising children. “Marriage must be seen as an ing for some outside of the G m passed in 200-plus years, said plane to slam into the World Trade Center on Dale Girpenter, University of institution that goes beyond the contractual giv 9/11, and of the difficulty of everything from gress who want to be able to Minnesota law professor and for ing of rights and even beyond the emotional cel obtaining a death certificate to maintaining their score political points at the mer national board member of ebration of the love of two people for each other.” house because they were not legally married. expense of gay and lesbian Americans." Leahy’s appearance Log Gibin Republicans. “That Maggie Gallagher, president of the Institute for “The terrorists who attacked this country killed system has worked enormously was noteworthy because, while Marriage and Public Policy, asserted, “Marriage is people not because they were gay or straight but well.. .we ought to be very reluc about getting children the mothers and fathers because they were Americans.... Two years ago he is the ranking Democrat on we were all united against the common threat of that they need." She acknowledged that the “cri the full committee, he does not tant to touch that diKument, essentially on the basis of hypo sis” of marriage and the family has (xxurred “for terrorism; now I’m sitting here and being told serve on the subcommittee. "The question before thetical fears and conjecture." that our relationship was a threat to our country." reasons that obviously have nothing to do with Russ Feingold, D-Wis., said gays and lesbians and advocates of gay marriage.” Richard Durbin, D-Ill., expressed his support he was one of the few senators G>myn reminded the room us now is whether "Unisex marriage is making a powerful state for traditional marriage and noted that he had that the hearing “is not about who voted against DOMA. Gay the popular and marriage was far down the list of whether we should adopt a con ment by law and by our government that chil voted for DOMA. But when it comes to the concerns raised by his con Federal Marriage Amendment, “ 1 don’t want to stitutional amendment," which dren do not need mothers and fathers. That bipartisan legislation motherless and fatherless families are not only stituents during the 21 town take a roller to a Rembrandt.” He called it "pre has been introduced in the meetings he held in the state will remain the law House but not the Senate. “In •just as good, they are just the same as a mother- mature to the extreme.” “When 1 hear Mr. Bradkowski’s story, it is during the August recess. He my view, that is premature.” Dis father married family," she maintained. o f the land, questioned why the fxxly should cussion of an amendment “is for Gregory Coleman, former solicitor general of one that I’ve heard over and over again,” Dirhin said. “There are certain things that we should Texas, reviewed the history of legal challenges be devoting time to “a divisive as the people intend, a future date, or not.” have done to make your grief and sorrow a little on same-sex marriage and two key decisions by issue that is best left to the states Six witnesses testified in total or be overturned less, and we didn’t. And 1 think we can without and courts." at the hearing, four of whom sup the U.S. Supreme Court: the Romer case that assaulting the issue of marriage.” J H port permanently banning gay struck down Colorado’s Amendment 2 and the Aside from the mistake of by activist courts" Lawrence decision that struck down s<xlomy couples from attaining the rights prohibition, “the Gmstitution B or ROEHR is a free-lunce reporter based in laws earlier this year. He concluded, “It is likely, and protections of civil marriage. has never been amended to Washington, D .C . though not inevitable, that DOMA itself and The Rev. 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