aprii 2.2004
gation or the separate but equal doctrine? I further
ask: Where would we be as a nation if Congress in
1967 made it unconstitutional for interracial cou
ples to marry ?” Lewis said. “I have fought too hard
and too long against discrimination based on race
and color not to stand up against discrimination
based on sexual orientation.”
During discussion, Allard said his intent in
clarifying the language was “to remove any
doubt that we were trying to limit” a state’s
authority to write laws governing civil unions or
domestic partner arrangements for same-sex
couples. He was simply trying to limit the
actions of the courts on constitutional matters.
Sen. Dick Durbin, D-lll., recalled the oath of
office he had taken “to uphold and defend the
Constitution of the United States.” He was
more than troubled by the fact that revisions
they were discussing “had been delivered to us
less than 24 hours ago.”
“I disagree that they are just technical
changes,” Durbin said. He interpreted the
phrase “or the legal incidence of marriage” to
include health insurance coverage through
domestic partner-type arrangements or benefits
programs of private employers.
He wondered why the words “unmarried
couples or group»” had been deleted and why
the amendment no longer banned pxdygamy. He
asked whether traditional marriage includes
polygamy. Does it bar interracial marriage? He
lamented that the bill’s sponsors were not pres
ent to explain their intent.
Feinstein thought the. revised FMA would
turn existing principles of governance on their
heads by “giving the legislatures more authority
than the [statel constitution.” She found it
“puzzling” that the propxisal “allows general law
to trump the constitution. I believe this is
unprecedented.”
Cass R. Sunstein, a professor at University of
Chicago Law School, agreed that the revised
FMA “shows contempt” for the federal process.
He believes if it were to become part of the U.S.
Gmstitution, a ballot initiative passed by the
voters of California to allow same-sex marriage
would be legal if it took the form of a common
law, but it would be
unconstitutional if it took
the form of an amend
ment to the California
Gmstitution.
Phyllis Bossin testified
for the American Bar
Association as chair
woman of its section on
family law. She said the Cass R. Sunstein
organization opposes “any constitutional
amendment that would restrict the ability of a
state to protect the rights of children by deter
mining the qualifications for civil marriage
between two persons within its jurisdiction.”
She belittled fears that have led to the FMA.
“One does not amend the Constitution on a
hunch. One does not amend the Constitution
to call a halt to democratic debate within the
states. An amendment should be reserved for
the most urgent and compelling circumstances.
It is a last resort.”
Toward the end of the hearing Sen. Jeff Ses
sions, R-Ala., revealed what was for him the
principle rationale for the language of the FMA:
It’s a way to get at “activist” federal judges who
find claims of equal protection in the U.S. Con
stitution for queers and other minorities.
“It goes to the separation of pxiwers," he said.
If we “allow the judicial branch to depart from
the law...then we have lost our democracy.” To
Sessions, it was all about raw majority rule with
no concern for minority protections.
But it seems most Republican
members of Congress do not share
his concerns. Focus on the Family
had urged supporters to contact sen
ators and have them ask tough ques
tions; otherwise, the record “will tip
in favor of homosexual activists.”
But the Republican members of the
committee continued to stay away
in droves, while the Democrats
have appeared in force.
Musgrave appeared only briefly
at the hearing to read a statement,
while Allard left before the ques
tion session ended. Frank sees this
as an indication that most Repub
licans do not want to deal with this
issue, j n
“ I disagree that they are just technical changes,” said Sen.
Dick Durbin, D-lll.
WHETHER YOU'RE STARTING A FAMILY
OR CREATING ONE AS YOU GO.
B ob R oehr is a free-lance reporter
based in Washington, D .C .
Wa Invite your family to join our*.
on
M 1.1 M 4 K
» 1 C MTS
Team!
Job Hotline: 503-988-5035
TTY: 503-988-5170
an equal opportunity employer
From now until December 3 1.2 0 0 4
when you buy or lease any new Volvo, we will donate $600 to HRC.* To learn more
about this special otter call 1 -800-652-7782. He our way ot letting you know, we care
for the people you care about.
AM *
MULTNOMAH
co u n ty
www.m ultcojobs.org
V O LV O
for life
‘ A* donatmna m j t i b e acco>«pomed by an ofheud MRC/Votvo coupon and leaee or puiceaaa aaw i w l . C 7 0 M
Vorro C v a ot Horth A i m a U C wolmcOTaom
HERZOG-MEIER VOLVO
JIM FISHER VOLVO
139th & Canyon Rd., Beaverton 21 st & W . Burnside, Portland
503.644.9121
503.295.5571
w w w .h e rz o g m e ie r.c o m w w w .jim fis h e rv o lv o .c o m