Marriage Protection Act

The Marriage Protection Act ??

Washington Office calls attention to another threat to equal rights: the Marriage Protection Act coming before Congress this week

They also provide a helpful selection of actions by the 2004 General Assembly, relating to the Federal Marriage Amendment, equal rights issues, and more.

[7-21-04]

Alan Hirsch, visiting professor of constitutional law at Williams College and senior consultant to the UCLA School of Law's Williams Project on Sexual Orientation Law., writes in the Village Voice about the Marriage Protection Act, which will come before the House of Representatives on July 22. In some ways more threatening to human rights than the Federal Marriage Amendment which was turned down by the Senate last week, this which would strip the federal courts, including the Supreme Court, from jurisdiction over challenges to the Defense of Marriage Act (DOMA). Not only is this unconstitutional regarding separation of powers, it has a major impact on similar religious and civil liberty court-stripping bills out there.

Actions by the General Assembly

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Item 10-16: On Supporting the Federal Marriage Amendment -- Assembly Action

The Assembly Committee voted to approve the following statement in response to this item (41/19/2):

Nothing the 216th General Assembly (2004) has said or acted upon is to be construed to state or imply a position for or against the Federal Marriage Amendment. General Assembly entities shall not advocate for or against the Federal Marriage Amendment.

Recommendation

That the 216th General Assembly (2004) direct the Stated Clerk and the Presbyterian Washington Office and encourage all governing bodies and church members to communicate to Congress and, as appropriate, state legislatures the following:

1. The historic and continuing support of the Presbyterian Church (U.S.A.) for the institution of marriage, defined as "a civil contract between a woman and a man" (Book of Order, W-4.9001).

2. The desire of the church to see that definition safeguarded in civil law by all appropriate means, including the Federal Marriage Amendment now proposed in Congress.

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Item 10-17: Recognize Civil Rights for Same-Gender Couples

Assembly Action

· Affirms the Presbyterian Church's historic definition of the meaning of marriage as 'a civil contract between a woman and a man.' (W-4.9001) as quoted in a resolution of the 208th General Assembly (1996), Minutes, 1996, Part I, p. 122.)

That the 216th General Assembly (2004) affirm the following statement and request the Office of the General Assembly to communicate this action to all middle and lower governing bodies of the Presbyterian Church (U.S.A.), as well as to the president of the United States of America and to all members of the Congress of the United States of America.

Statement

The 216th General Assembly (2004) does the following:

· Offers prayerful thanks for the Scriptures informing us that all persons are created in the image of God (Gen. 1:27).

· Declares that all persons are entitled to equal treatment under the law (Constitution of the United States of America); therefore

· Urges state legislatures to change state laws to include the right of same-gender persons to civil union and, thereby, to extend to them all the benefits, privileges, and responsibilities of civil union, and urges all persons to support such changes in state laws.

· Urges the Congress of the United States of America to recognize those state laws that allow same-gender union and to change federal laws to recognize all civil unions licensed and solemnized under state law to apply in all federal laws that provide benefits, privileges, and/or responsibilities to married persons.

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Item 10-15: Denial of Civil Rights in Virginia
Assembly Action
Recommendation

That the 216th General Assembly (2004) of the Presbyterian Church (U.S.A.) urge the legislature and the people of Virginia to reconsider the recently passed law that will end all contractual rights between same-sex partners, and to direct the Stated Clerk to communicate to the appropriate officials in the Commonwealth of Virginia the church's support of equal access to civil rights to all.

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Rev. Elenora Giddings Ivory
Director, Washington Office
Presbyterian Church (USA)
202-543-1126

110 Maryland Avenue, NE, Suite 104
Washington, DC 20002

House passes discriminatory 'Marriage Protection Act'

Divisive legislation threatens independence of courts

Press release dated 7-22-04, from Equal Partners in Faith

Motivated by the failed Federal Marriage Amendment and growing discontent over the war in Iraq, House Republicans passed the Marriage Protection Act. By a vote of 233 to 194, the measure blocks federal courts -- including the US Supreme Court -- from being allowed to hear challenges to the Defense of Marriage Act.

"House Republicans, caving in to pressure from the Religious Right, have relegate lesbians, gays, bisexual and transgender people to second class status in this country," said Dr. Sylvia Rhue, director of Equal Partners in Faith.

"Passage of the measure has tipped the balance of power between the legislative, executive and judicial branches of government that have served this country for more than 200 years," said Dr. Rhue. "The implications of this bill are staggering."

This dangerous and misguided bill sets an extremely dangerous precedent. Anytime a majority of Congress backs a particular position on a controversial issue -- especially one involving the legal rights of a minority group -- Congress could strip the federal courts of their jurisdiction over the issue. Every major poll indicates the American people want Congress focused on issues like rising health care costs, the poor growth in jobs and the war in Iraq. Same-sex marriage and the Federal Marriage Amendment rank last on the list.

"As progressive people of faith we must continue to speak out against the politics of divisiveness," said Dr. Rhue.

EQUAL PARTNERS in FAITH "is a multi-racial national network of religious leaders and people of faith committed to equality and diversity. Our diverse faith traditions and shared religious values lead us to affirm and defend the equality of all people, regardless of religion, race, ability, gender, sexual orientation or gender identity. As people of faith, we actively oppose the manipulation of religion to promote inequality and exclusion."

Equal Partners in Faith
1040 Harbor Drive
Annapolis, MD 21403

Phone: 877-501-4194
Fax: 1-443-782-0273
Email: EPFinfo@aol.com
Web: www.us.net/epf

The Human Rights Campaign also issued a statement:

House Republicans push divisive bill to distract from voters' priorities

Click here for the original version.

Marriage Protection Act Passed by a Vote of 233 to 194

'Congress today was sent a historic message to focus on terrorism and it focused on discrimination instead,' said HRC President Cheryl Jacques.

WASHINGTON ---- By a 233 to 194 vote, the House of Representatives today passed the Marriage Protection Act, a dangerous and discriminatory measure that would strip the federal courts of jurisdiction over challenges to the Defense of Marriage Act and block access for the gay, lesbian, bisexual and transgender community to the judicial system. This vote took place just after the 9/11 Commission issued its final report sharply criticizing Congress. Also, polling data released this week affirms that the American public opposes the politics of division.

"Congress today was sent a historic message to focus on terrorism and it focused on discrimination instead," said Human Rights Campaign President Cheryl Jacques. "We will work to ensure that this measure is soundly rejected in the Senate. Like the Federal Marriage Amendment, this bill attempts to undermine our constitutional system for political gain."

A memo released this week by pollster Stan Greenberg warns President Bush and Republicans that politics of division is hurting them in very tangible ways. Any gains being made for President Bush among the religious-conservative extremist base are being exceeded by gains for Sen. Kerry among even larger groups of voters, including Republican moderates ---- who are 40 percent of the electorate and more than 50 percent of the persuadables. Behind the shifts of these groups to Sen. Kerry, Greenberg cites Iraq and "discomfort with the president's cultural politics."

Every major poll shows the American people want Congress focused on issues like rising health care costs, the poor growth in jobs and the war in Iraq. Same-sex marriage and the Federal Marriage Amendment rank last on the list.

"While some politicians push discrimination, American voters have no appetite for division," added Jacques.