A ban on same-sex marriage in Pa.?
General Assembly considering amendment to state constitution; Law prof testifies
· March 26, 2008, 5:00 am
Twenty-seven states have constitutions with amendments that ban same-sex marriage. Now, Pennsylvania is considering whether to join them.
Last week the state Senate Judiciary Committee voted to advance a bill that would amend the state's constitution to make both same-sex marriages and the "functional equivalent" of marriage - such as civil unions - illegal in Pennsylvania.
The amendment would strengthen the Pennsylvania Defense of Marriage Act, which was passed in 1996 and prohibits same-sex marriages and civil unions.
Under the Defense of Marriage Act, one court case with a favorable ruling for same-sex couples could overturn the statute. But if the state constitution is amended to ban same-sex marriage, only the U.S. Supreme Court or another state constitutional amendment could permit same-sex marriage in Pennsylvania.
Before the bill can be put into effect, it must pass the Senate Appropriations Committee and two consecutive General Assembly sessions. Then state residents would vote on it in a referendum.
The bill, which was proposed by State Sen. Michael Brubaker (R-Lancaster), is strongly opposed by a variety of groups, ranging from law professors to Christian organizations.
Reverend Beverly Dale of Penn's Christian Association called the bill "morally indefensible."
"For me, it's like kicking someone when they're down," Dale said. "What is the need for it? It's shameless."
Executive director of Equality Advocates Pennsylvania Stacey Sobel, who is also a law school lecturer, said her organization deals with hundreds of unmarried families each year who need help, including heterosexual couples who have chosen not to marry, because they aren't offered the same benefits as married couples.
"It's critical that all families are treated the same in Pennsylvania," Sobel said.
Tobias Wolff, a Penn Law professor, spoke against the bill at a Senate Judiciary hearing. His testimony focused on the interstate implications of provisions limiting same-sex marriages in civil unions.
Wolff also said he opposed a constitutional amendment that limits the rights of a particular segment of the population.
"We shouldn't be writing inequality into our constitution," he said.
Supporters of the bill, like Diane Gramley, president of the American Family Association of Pennsylvania, say they just want to "bring the issue before the people."
Gramley said the ban must extend to civil unions as well as same-sex marriages to prevent same-sex couples from using "civil unions as a stepping stone to get homosexual marriages legalized."




Comments (10)
Steve
December 31, 1969, 7:00 pm
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I fully support amending the constitution to outlaw same-sex marriages. It's a good idea and it's common sense.
Shockwave
December 31, 1969, 7:00 pm
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[QUOTE id="74e48182-f75e-4424-9edf-4d0fe92bda77"]I fully support amending the constitution to outlaw same-sex marriages. It's a good idea and it's common sense.[/QUOTE] Common sense? It's common sense to discriminate against people? It's common sense to deny people a basic right because of whom they love? One day, people are going to look back and ask how they could have been so callous and discriminatory, just as we do now about people who discriminated against blacks.
Penn Dad
December 31, 1969, 7:00 pm
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I have no problem with a statute or amendment prohibiting same-sex marriage, because marriage has a religious component and no religion should be forced by law to accommodate a practice that it finds objectionable. Civil unions are another matter entirely. Any prohibition against same-sex civil union is simply institutionalized discrimination against gays and should not be tolerated.
Gay Penn Student
December 31, 1969, 7:00 pm
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It never ceases to amaze me how blatantly bigoted people can be. Why is it so easy for some to discriminate based on their personal religious beliefs? Isn't that what we're fighting in Iraq - radical religious beliefs - a jihad? Besides, there is supposed to be a separation of church and state here in the US. Religion is nothing more than a cop-out for weak-minded individuals who don't posess the intelligence to make their own informed decisions. Fortunately, there are laws to protect us here in the US from people who are so naive. I'm not saying that there is no place for religion in the US. The mind control it elicits does control humans who would otherwise be completely barbaric. It's pablum for the ignorant masses. I'm glad I attend this university - Penn supports gay rights. It's one of the reasons I chose to drop my $40K here. Maybe "Penn Dad" should send his kid somewhere like Jerry Falwell's Liberty University, where the rest of the sheep from his flock cower in their bigoted ignorance. I'm sure you and your kid will feel more welcome than you are right now here at Penn.
Amber
December 31, 1969, 7:00 pm
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I think banning same sex marriage is rediculous. So may people say it goes against what is right but doesn't the death penalty also. If people want to go with what is "right" in America today they better also look at their own lifestyles because most people aren't doing everything "right". All people are equal man, woman, black, white whatever and they should all have equal opportunity. The best thing about America is our freedom and it seems that certain freedoms are being taken away because they are not "right". So you tell me what is so called right in America today and tell me that you're are doing everything "right".
Amber
December 31, 1969, 7:00 pm
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[QUOTE id="e78bfd96-e9fb-4b2b-9f87-a15a3f568036"]I have no problem with a statute or amendment prohibiting same-sex marriage, because marriage has a religious component and no religion should be forced by law to accommodate a practice that it finds objectionable. Civil unions are another matter entirely. Any prohibition against same-sex civil union is simply institutionalized discrimination against gays and should not be tolerated.[/QUOTE] Religious component are you kidding me think about how many people get married in America, now think about how many of those couples are really religious individuals. I now plenty of atheists that are married. Why do you get to chose whether a person can practice religious beliefs or not because of who they like or marry? If you're religious you should know that God will take care of them & it is not your responsibility to do so.
Jeremy
December 31, 1969, 7:00 pm
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Penn Dad, Do people who do not believe in God get married? Yes! Do Atheist? Yes! Do people get married outside of church? Yes! Marriage is more than a religious ceremony and furthermore you are not forced by law to approve of or accept homosexuality. I am not sure what world you live in. The fact remains, it is not okay to exclude or extempt segments of society based on your personal or religious beliefs. Many point that civilization has always had marriage as a union between a man and a woman. Our civilization also had slavery and many other mistakes, that does not make it right. Discrimination IS DISCRIMINATION! Massachusetts has gay marriage and guess what. Divorce is down, it has not threated your families, it has not killed your children, it has not killed every last person in the state. Get over it and worry about yourself and your family, not me and mine. LEAVE US ALONE!
David L. Wylie
December 31, 1969, 7:00 pm
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Gay Marriage Ban-Life Imitating Animated Art? Upon hearing of the numerous constitutional amendments to ban same-sex-marriages being proposed in states from California to Florida, I am reminded of an episode of the Emmy winning animated television series Family Guy that I recently saw. The similarities between the show and the looming battle over basic civil rights are numerous and hilarious In the episode I caught on local Miami FOX 7, Quahog, Rhode Island Mayor Adam West (voiced by the real Adam West of the old Batman series) tries to ban gay marriage to divert attention from a bad investment he made with the taxpayersÃ? money. This motivates one of the main characters, Brian, to fight for the right of his cousin Jasper to marry boyfriend Ricardo. As Brian goes door to door to find support for gay marriage, Chris, another central character on the show, is promised by a young Republican girl that he can touch her boobs if Chris can thwart BrianÃ?s efforts. Lois Griffin, another of the showÃ?s primary players, proclaims she has not personal animosity against gays by saying, Ã?I donÃ?t have anything against homosexuals. IÃ?ll watch almost anything David Schwimmer is in!Ã? But her religious upbringing causes her inner turmoil about the gay marriage issue. With the showÃ?s trademark crude and boorish humor and groan-inducing double entendres and innuendoes, the showÃ?s creator Seth MacFarlane and his writers demonstrate the hypocrisy of those who insist on forcing their religious values down the throats of society, while trying to sweep their own vices under the proverbial rug. The episode was also funny as hell! As far as the Florida effort goes, the push to embed the stateÃ?s already existing legal ban against gay marriage in our state constitution is not about protecting the family or the sanctity of marriage. ThereÃ?s absolutely nothing more that any same-sex loving homo couple could possibly do to destroy their precious institution than the damage already wrought by straight, foot tapping, Republican Senators, drug addicted pop tart moms and male escort hiring preachers. Including a gay marriage ban on the November ballot is simply a blatant attempt to stir up the Bible thumping zealots and get them to the polls. Though very few right wingers are excited about touching Senator McCainÃ?s boobs, thereÃ?s nothing better than a good old Ã?bash the queerÃ? effort to drive the faithful to the ballot box! A CNN/Opinion Research Corporation poll in November, 2007, revealed that 77 percent of likely Republican voters in Florida opposed making same-sex marriage legalÃ?and there you have it. Back to Family GuyÃ?there were many memorable quotes in this particular episode (Originally aired April 30, 2006). The statement that resonated with me was voiced by Peter Griffin, the character the show revolves around. In response to his wife LoisÃ? concerns about gay marriage, Peter exclaims, Ã?WhatÃ?s wrong with gay marriage? I say let them get married and be miserable like the rest of us!Ã? IÃ?ll admit that IÃ?m a little indifferent on the issue of gay marriage. I donÃ?t ever see myself getting Ã?hitchedÃ?, even if the U.S. Constitution guaranteed us that right. I donÃ?t need the blessings of the church nor the state to decide who I love. . But I do have a clear understanding of the ramifications of including in the state constitution an amendment that would define marriage exclusively as between Ã?only one man and one woman.Ã? Not only would this law discriminate against homosexuals but it would also deny rights to unmarried heterosexual couples, depriving them of sharing benefits such as health insurance. But paramount in the whole controversy is the fact that, if this amendment passes, FloridaÃ?s constitution will be used to discriminate against a whole class of innocent citizens. With the passage of this amendment the Sunshine State would join 27 others that have chosen to diminish human rights rather than expand them! In the end, Brian prevails and Mayor West backs down. Lois is enlightened and agrees to hold the wedding at her home. Chris doesnÃ?t get to feel up the Young Republican chick, but Jasper does marry Ricardo and everyone lives happily ever afterÃ? as far as we know. We can only hope that life DOES imitate animated art this November. Respect, David L. Wylie Senior Editor www.gaysofla.com
Kee Kee Lesbian
December 31, 1969, 7:00 pm
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I totally agree with Amber and Jeremy. That is true. Not everyone does everything right. Not even the opposer reading my comment right now. Way more than religious. Read the bible! There is nothing in there especially about 2 women. Men... a different story...for a different reason. PPL need to know what they are talking about b4 the ban something they dont know about. We're here no matter what anyone says or does. I believe it'll only get worse if ppl dont start recognizing that we are harmless ppl. We coming out more and more everyday!! It is what it is!! like it or love it!
xianming2009
June 26, 2010, 3:03 am
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don't want to be anyone's first, and I don't want to be anyone's last. And we could care less how cute E and Sloan are together, if they must be married, do it on the show and not in the movie. And the rest of these man-boys shouldn't change just because there needs to be a plot twist.
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