Protecting Marriage from Whom?

May 11, 2006 -

 

The United States Senate calls the measure the "Marriage Protection Amendment." Senators are expected to vote on the legislation during the week of June 5. But what this legislation doesn't protect is civil rights, human rights and the very personal, and sometimes, religious institution of marriage.

Senate Version: Marriage in the United States shall consist only of the union of a man and woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman." (the House version is similar)

"This legislation will harm many and help few," says Lisalyn Jacobs, Vice President of Government Relations for Legal Momentum. In theory, the Constitutional amendment would keep a state from extending equal marriage rights to same-sex couples and might invalidate domestic partner and civil union laws that provide some protection to these couples and their families. "A gay person could lose the ability to make medical decisions for his or her partner. The same goes for property acquired together if the partner dies. There will be questions about extending health insurance benefits to a partner. "We are already knee-deep in the land of unintended legal consequences in Ohio which passed a similar amendment two years ago," says Jacobs. "Judges have been interpreting its provisions to deny domestic violence legal protections to couples regardless of sexual orientation. The confusion could be felt for years to come at both the state and federal levels," she adds. "And there are so many more important needs to be addressed in this country!"

The public seems to agree. According to recent survey (Peter D. Hart Research Association) the Federal Marriage Amendment was rated dead last among a list of voter priorities for Congress.