Saturday, May 20, 2006

"Just the Facts Ma'm"

It is important that the people are allowed to vote on the marriage amendment, and that legislators cast their votes for it on July 12th.

It has been argued that the Protection of Marriage Amendment would violate the Federal Constitution.
However, this Amendment looks forward, not backward. If approved by the people in 2008, it would apply the traditional definition of marriage—the union between man and woman—for all new marriage licenses.
Existing marriage licenses given to same-sex couples before 2008 would neither be endorsed nor repealed.
Opponents argue that this violates the 14th Amendment’s equal protection clause by creating two groups—same-sex couples who get to keep their licenses and those barred from getting new ones.
This would not be irrational discrimination because of the following rulings by the US Supreme Court:
a) Gradual reform complies with equal protection law. New Orleans v. Dukes, 427 U.S. 297 (1976).
b) The effect of “grandfathering in” existing licenses based on reliance interests is rational and common. Ibid, New Orleans v. Dukes.
c) “The 14th Amendment does not forbid statutes and statutory changes to have a beginning, and thus to discriminate between the rights of an earlier and later time.” Sperry & Hutchinson Co. v. Rhodes, 220 U.S. 502 (1911).
Like thousands of other laws that create groups of eligible and ineligible people based on timing, deadlines and grandfathering exemptions, the Marriage Amendment seeks a gradual reform that brings the Commonwealth back within the prevailing national consensus that understands marriage to be a union between one man and one woman.
Those who say that the federal courts will strike down the Amendment are not listening to national leaders of the same-sex marriage movement, who are discouraging federal lawsuits because they know they will lose.
LET THE PEOPLE VOTE during the Constitutional Convention!

1 Comments:

Blogger Tyler Dawbin said...

Have you heard about the attempt to thwart this amendment? I wrote up some information on it over at Massachusetts Conservative Christian after first hearing about it on KTN.

8:00 PM, May 20, 2006  

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