Whatever Happened to the North Carolina Defense of Marriage Amendment?
February 14, 2008
By L.A. Williams
Christian Action League of North Carolina, Inc.
RALEIGH — Ask almost anyone in North Carolina to define marriage and they'll say it's between "one man and one woman." Unfortunately that concept hasn't yet made it into the state's Constitution — a fact that pro-family organizations and legislators hope to change with a groundswell of support for the Defense of Marriage Amendment.
"We are going to persist with this; we haven't given up on it," said Sen. James Forrester (R-District 41) who plans to introduce a bill calling for the statewide vote needed to amend the Constitution shortly after the Legislature reconvenes in May.
His Senate Bill 13, as well as corresponding House Bill 493, both introduced last year, call for the following amendment to the N.C. Constitution: "Marriage is the union of one man and one woman at one time. This is the only marriage that shall be recognized as valid in this State. The uniting of two persons of the same sex or the uniting of more than two persons of any sex in a marriage, civil union, domestic partnership, or other similar relationship within or outside of this State shall not be valid or recognized in this State. This Constitution shall not be construed to require that marital status or the rights, privileges, benefits or other legal incidents of marriage be conferred upon unmarried individuals or groups."
The bills never made it to the floor for discussion — basically a replay of the last four years.
But two bright spots in 2007 — the House bill's brief escape out of committee and a rally that drew some 10,000 people to the Halifax Mall — offer renewed hope, as does the possibility of a shift in state leadership. Return America, a network of churches and individuals that promotes Judeo-Christian values, sponsored the March 6, 2007, rally that its president, Dr. Ron Baity, said is still raising awareness.
"I get calls every month as a result of the rally, in fact I got two last week," said Baity, who plans an even larger event for March 3, 2009, provided the bill still hasn't passed.
"We are getting a good grassroots movement together and at that rally we are going to ask the opponents of the Marriage Amendment to come and address the crowd and tell them why they don't want to do what the people want," Baity said. "We want to have such a showing of people that there will be no question as to what the people of this state demand when it comes to the Marriage Amendment."
Beaty said that even the most liberal polls show that at least 60 percent of the people would vote for the Marriage Amendment given the chance. Forrester contends the margin would be even higher.
"I would think 70 to 80 percent of the people would vote for it," said the Joint Republican Caucus Leader. He said he would expect only four or five Senators would vote against his bill if it ever made it to the floor.
John Rustin, vice president and director of government relations for the N.C. Family Policy Council, said he is confident that the three-fifths requirement (approval from 60 percent of Senators and Representatives) for a Constitutional amendment would be met and that the amendment would pass overwhelmingly in a statewide vote.
"This issue has broad bipartisan support across the state. The people ought to have the opportunity to vote on it," Rustin said.
Hopes soared briefly last year for HB 493 sponsored by Rep. Tim Moore, when it was brought before the House Rules Committee and then sent to the House floor without prejudice only to be shot down by Speaker Joe Hackney who unilaterally referred the bill to the House Judiciary 1 Committee and a certain death.
"I have always been impressed to believe the Speaker was a man of fairness, but what he did to the Marriage Amendment bill was not fair," said the Rev. Mark Creech, executive director of the Christian Action League of North Carolina.
Furthermore, in the fall, when legislators were ready to adjourn and had to determine which bills would be eligible for consideration in the short session set for May, constitutional amendments were not included in the adjournment resolution until Minority Leaders Rep. Paul Stam and Sen. Phil Berger called for an amendment.
"The Democratic leadership is very much opposed to the bill," said Moore (R-District 111). "To see that this bill is passed, voters will need to put a Republican majority in place. That is the only way it will happen."
Some opponents to the bill argue that North Carolina already has strong marriage laws in place and doesn't need to bother with a change in the Constitution. But Rustin points out that those laws are not immune to legal challenges. In fact as state after state passes constitutional amendments to protect marriage, it becomes imperative that North Carolina do the same, or else become a sitting target for such a legal challenge.
"One of the real significant issues is how vulnerable North Carolina is and will continue to be," said Rustin. "If there are activists who want to see our existing marriage laws overturned, we stand out like a sore thumb in the Southeast."
With the exception of Florida, where the issue will be on November's ballot, the Tar Heel state is the only one south from Virginia and east from Texas without a Constitutional amendment. A total of 27 states already have marriage amendments, many of which have been passed since 2004, when the Massachusetts Supreme Judicial Court ordered that that state must issue marriage licenses to same-sex couples. In the fall of 2006, the New Jersey Supreme Court ruled that the legislature there had to legalize same-sex "marriage" to comply with the equal protection guarantee of the state constitution.
The N.C. Family Policy Council's brief on the issue shows that each sentence of North Carolina's proposed amendment serves a critical purpose, from specifying a precise definition of marriage to guarding against legal challenges from inside or outside the state that would try to force North Carolina to legally recognize same-sex marriage or other "substitute" forms such as civil unions.
"We are very hopeful that the position of the leadership of the House or Senate or both will change and they will recognize the importance of this legislation," said Rustin.
Forrester's new bill will call for the Defense of Marriage Amendment to be added to November's presidential ballot, which would not create any more costs. But he said if the timing is an issue — in the past some opponents had argued that the issue would draw more conservative voters to the polls and could effect elections — it could be moved to a different date.
"I've introduced it for our five times and have had it on primary dates, a lot of different dates. It doesn't seem to make any difference," Forrester said. "It is going to take changes in the leadership of the Legislature and maybe a change in the Governor's mansion to make it happen."
Rustin urges North Carolinians who want to see the Marriage Amendment come to the floor for a vote and not be stifled in committee to make their wishes clear to those who represent them in both chambers and to the General Assembly leadership.
"The most impact that folks are going to have is with their own elected officials. Then they can contact the leadership in the House and Senate and impress upon them the importance of letting this bill be heard," said Rustin who recommended phone calls and personal letters or even visits as opposed to e-mail. "The effectiveness of an e-mail is not high. The more time it takes the individual to contact the legislator — taking time to write a letter or make a phone call — the more effective that contact will be."
Forrester suggested that supporters of the Marriage Amendment contact Marc Basnight, president pro tem of the Senate, and Majority Leader Tony Rand.
"People in their districts should let them know they would like to have the bill heard," he said.
Beaty said Return America will let supporters know which legislators are opposing the bill and will call on churches and pastors in those areas to spark a grassroots movement against their candidacy in the next election.
"Everywhere I go, people are tired of not being represented," the Rev. Beaty said. "People need to know the candidates, research their positions, influence their sphere of friends to vote and then get out and vote."
"The same old crowd is blocking the bills that the majority of the people want to vote on," Beaty added. "It's time for them to quit playing politics and start representing the people."
Anyone interested in learning more about Return America or the 2009 Marriage Rally can visit the Web at www.returnamerica.org.
To find out more about the North Carolina Family Policy Council or to read its brief on the issue, visit www.ncfamily.org.
And to find contact information for any N.C. senator or representative, see the Member Look Up feature on the General Assembly Web page at www.ncleg.net.
Christian Action League of North Carolina, Inc.
RALEIGH — Ask almost anyone in North Carolina to define marriage and they'll say it's between "one man and one woman." Unfortunately that concept hasn't yet made it into the state's Constitution — a fact that pro-family organizations and legislators hope to change with a groundswell of support for the Defense of Marriage Amendment.
"We are going to persist with this; we haven't given up on it," said Sen. James Forrester (R-District 41) who plans to introduce a bill calling for the statewide vote needed to amend the Constitution shortly after the Legislature reconvenes in May.
His Senate Bill 13, as well as corresponding House Bill 493, both introduced last year, call for the following amendment to the N.C. Constitution: "Marriage is the union of one man and one woman at one time. This is the only marriage that shall be recognized as valid in this State. The uniting of two persons of the same sex or the uniting of more than two persons of any sex in a marriage, civil union, domestic partnership, or other similar relationship within or outside of this State shall not be valid or recognized in this State. This Constitution shall not be construed to require that marital status or the rights, privileges, benefits or other legal incidents of marriage be conferred upon unmarried individuals or groups."
The bills never made it to the floor for discussion — basically a replay of the last four years.
But two bright spots in 2007 — the House bill's brief escape out of committee and a rally that drew some 10,000 people to the Halifax Mall — offer renewed hope, as does the possibility of a shift in state leadership. Return America, a network of churches and individuals that promotes Judeo-Christian values, sponsored the March 6, 2007, rally that its president, Dr. Ron Baity, said is still raising awareness.
"I get calls every month as a result of the rally, in fact I got two last week," said Baity, who plans an even larger event for March 3, 2009, provided the bill still hasn't passed.
"We are getting a good grassroots movement together and at that rally we are going to ask the opponents of the Marriage Amendment to come and address the crowd and tell them why they don't want to do what the people want," Baity said. "We want to have such a showing of people that there will be no question as to what the people of this state demand when it comes to the Marriage Amendment."
Beaty said that even the most liberal polls show that at least 60 percent of the people would vote for the Marriage Amendment given the chance. Forrester contends the margin would be even higher.
"I would think 70 to 80 percent of the people would vote for it," said the Joint Republican Caucus Leader. He said he would expect only four or five Senators would vote against his bill if it ever made it to the floor.
John Rustin, vice president and director of government relations for the N.C. Family Policy Council, said he is confident that the three-fifths requirement (approval from 60 percent of Senators and Representatives) for a Constitutional amendment would be met and that the amendment would pass overwhelmingly in a statewide vote.
"This issue has broad bipartisan support across the state. The people ought to have the opportunity to vote on it," Rustin said.
Hopes soared briefly last year for HB 493 sponsored by Rep. Tim Moore, when it was brought before the House Rules Committee and then sent to the House floor without prejudice only to be shot down by Speaker Joe Hackney who unilaterally referred the bill to the House Judiciary 1 Committee and a certain death.
"I have always been impressed to believe the Speaker was a man of fairness, but what he did to the Marriage Amendment bill was not fair," said the Rev. Mark Creech, executive director of the Christian Action League of North Carolina.
Furthermore, in the fall, when legislators were ready to adjourn and had to determine which bills would be eligible for consideration in the short session set for May, constitutional amendments were not included in the adjournment resolution until Minority Leaders Rep. Paul Stam and Sen. Phil Berger called for an amendment.
"The Democratic leadership is very much opposed to the bill," said Moore (R-District 111). "To see that this bill is passed, voters will need to put a Republican majority in place. That is the only way it will happen."
Some opponents to the bill argue that North Carolina already has strong marriage laws in place and doesn't need to bother with a change in the Constitution. But Rustin points out that those laws are not immune to legal challenges. In fact as state after state passes constitutional amendments to protect marriage, it becomes imperative that North Carolina do the same, or else become a sitting target for such a legal challenge.
"One of the real significant issues is how vulnerable North Carolina is and will continue to be," said Rustin. "If there are activists who want to see our existing marriage laws overturned, we stand out like a sore thumb in the Southeast."
With the exception of Florida, where the issue will be on November's ballot, the Tar Heel state is the only one south from Virginia and east from Texas without a Constitutional amendment. A total of 27 states already have marriage amendments, many of which have been passed since 2004, when the Massachusetts Supreme Judicial Court ordered that that state must issue marriage licenses to same-sex couples. In the fall of 2006, the New Jersey Supreme Court ruled that the legislature there had to legalize same-sex "marriage" to comply with the equal protection guarantee of the state constitution.
The N.C. Family Policy Council's brief on the issue shows that each sentence of North Carolina's proposed amendment serves a critical purpose, from specifying a precise definition of marriage to guarding against legal challenges from inside or outside the state that would try to force North Carolina to legally recognize same-sex marriage or other "substitute" forms such as civil unions.
"We are very hopeful that the position of the leadership of the House or Senate or both will change and they will recognize the importance of this legislation," said Rustin.
Forrester's new bill will call for the Defense of Marriage Amendment to be added to November's presidential ballot, which would not create any more costs. But he said if the timing is an issue — in the past some opponents had argued that the issue would draw more conservative voters to the polls and could effect elections — it could be moved to a different date.
"I've introduced it for our five times and have had it on primary dates, a lot of different dates. It doesn't seem to make any difference," Forrester said. "It is going to take changes in the leadership of the Legislature and maybe a change in the Governor's mansion to make it happen."
Rustin urges North Carolinians who want to see the Marriage Amendment come to the floor for a vote and not be stifled in committee to make their wishes clear to those who represent them in both chambers and to the General Assembly leadership.
"The most impact that folks are going to have is with their own elected officials. Then they can contact the leadership in the House and Senate and impress upon them the importance of letting this bill be heard," said Rustin who recommended phone calls and personal letters or even visits as opposed to e-mail. "The effectiveness of an e-mail is not high. The more time it takes the individual to contact the legislator — taking time to write a letter or make a phone call — the more effective that contact will be."
Forrester suggested that supporters of the Marriage Amendment contact Marc Basnight, president pro tem of the Senate, and Majority Leader Tony Rand.
"People in their districts should let them know they would like to have the bill heard," he said.
Beaty said Return America will let supporters know which legislators are opposing the bill and will call on churches and pastors in those areas to spark a grassroots movement against their candidacy in the next election.
"Everywhere I go, people are tired of not being represented," the Rev. Beaty said. "People need to know the candidates, research their positions, influence their sphere of friends to vote and then get out and vote."
"The same old crowd is blocking the bills that the majority of the people want to vote on," Beaty added. "It's time for them to quit playing politics and start representing the people."
Anyone interested in learning more about Return America or the 2009 Marriage Rally can visit the Web at www.returnamerica.org.
To find out more about the North Carolina Family Policy Council or to read its brief on the issue, visit www.ncfamily.org.
And to find contact information for any N.C. senator or representative, see the Member Look Up feature on the General Assembly Web page at www.ncleg.net.
