Constitutions
Our federal and state constitutions are the principal blueprints for how we Americans govern ourselves, the treasured safeguards of national unity and personal freedom. Most Americans believe that our Constitution should protect equality and expand rights for all, not be used as a weapon for transient political agendas, ideological prejudices, or discrimination. There is a current wave of attacks on the U.S. and state constitutions mounted by those who seek to impose their views on all fifty states and all future generations, but the truth is beginning to prevail and victories are starting to add up against these discriminatory measures. In both 2006 and 2004, federal efforts to write discrimination into the constitution were halted. In the 2006 election, Arizona's proposed anti-marriage constitutional amendment was defeated by the electorate, and six state legislatures in 2007 defeated and/or blocked such amendments. As more discriminatory amendments are proposed, the fight to protect our constitutions continues.
Use the key resources below to learn more about how to protect the constitutional rights of all American citizens.
FROM EVAN WOLFSON:
Stand Up For Our Constitutions
Our state and federal constitutions are among the most important documents in the union. Download Stand Up for Our Constitution and find out more about the consequences of enacting anti-gay marriage amendments.
The Constitution protects us all: Say no to discriminatory amendments
Evan Wolfson discusses how the so-called "Federal Marriage Amendment," if passed, would force the intrusion of the federal government into the regulation of marriage. This unprecedented Constitutional intervention would prevent all states and all future generations from making their own decisions on ending sex discrimination in marriage, just as they ended race discrimination in marriage a generation ago.
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WHERE YOU CAN GO TO GET INVOLVED OR LEARN MORE:
Human Rights Campaign: Marriage and Relationship Recognition
The Human Rights Campaign [HRC] offers various resources on the fight against the Federal Marriage Amendment which was proposed and defeated in 2006 (House and Senate) and 2004 (House and Senate).
Fairness for All Families
Fairness for All Families is the campaign of fair-minded Floridians who say NO to the anti-marriage amendment proposed in Florida.
Equality for All
Equality for All is preparing to lead the fight against proponents of discrimination in California. This statewide coalition of LGBT and civil rights organizations, labor and business, straight and gay, is determined to defeat any attempts to write discrimination into our constitution.
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LEGISLATIVE STATUS OF GAY AND LESBIAN FAMILIES IN THE U.S.:
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THE NUMBERS: POLLING & STATISTICS:
[Standing Up for Equality, January 2005]
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PUBLICATIONS:
From Griswold to Goodridge: The Constitutional Dimensions of the Same-Sex Marriage Debate
So far, state cases have been based on state, rather than federal, constitutional provisions and thus have not been subject to review by the U.S. Supreme Court. However, the high court would have jurisdiction in a case testing whether the U.S Constitution guarantees the right of gay and lesbian couples to wed. If the court takes such a case, its decision will likely stem, at least in part, from its prior rulings on privacy and related issues.
Same-sex marriage initiatives and lesbian, gay and bisexual voters in the 2006 elections
National Gay & Lesbian Task Force
This analysis of election returns and data from the National Election Pool exit poll finds that same-sex marriage ballot initiatives did not help Republican Senate candidates in 2006. Support for same-sex marriage bans has fallen most dramatically in states where people identifying themselves as born-again or evangelical Christians make up an identifiable minority of residents.
The Money Behind the 2004 Anti-gay Marriage Amendments
The Institute reports who paid for the campaigns promoting the 2004 anti-gay marriage amendments, concluding a majority came from conservative Christian organizations and organized religion.
Past and present proposed amendments to the United States Constitution regarding marriage
A comprehensive article which legally places arguments from both sides of the marriage debate within the historical context of past attempts to amend the U.S. Constitution with regard to marriage.
TRANSCRIPT: Bob Barr's Testimony on the DOMA and FMA
Testimony submitted by Bob Barr, Former Member of Congress, to the House Judiciary Committee, Subcommittee on the Constitution on the Defense of Marriage Act and the Federal Marriage Amendment. Although Barr opposes ending the exclusion of committed same-sex couples from marriage, he argues here why constitutional action sets a dangerous precedent both at the state and federal levels.
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NEWS:
Press Release: Equality for All Campaign Responds to Possibility of Constitutional Amendment Banning Marriage for Gay and Lesbian Couples
Proponents of an initiative that would use the California constitution to unfairly prohibit gay and lesbian couples from marrying claim to have enough signatures to qualify the initiative for the California ballot in November.
Backers of Calif. anti-marriage initiative ready to submit petitions
The sponsors of a proposed constitutional amendment to write marriage discrimination into California’s constitution said Monday they have gathered enough signatures to qualify the measure for the November ballot.
BLOG: The Politics of Anti-Marriage Amendments
Arizona became the first state in the union to defeat an anti-marriage amendment in 2006…Now legislators in the Arizona House appear poised to approve a measure to put another anti-marriage amendment on the ballot for 2008. Some of those legislators who are reportedly leaning towards approving the measure represent districts which voted against the 2006 proposal, bucking the wisdom of their own constituents.
Schwarzenegger says he would fight efforts against anti-marriage initiative
Gov. Arnold Schwarzenegger said Friday that he would fight an anti-marriage initiative to amend the California Constitution if it qualifies for the November ballot. Schwarzenegger said he was confident that such an amendment, which already are on the books in 26 other states, would never pass in California and called it a "waste of time."
CA: Commentary—It's Becoming Predictable Every Election Season
California Assemblymember Lloyd Levine writes in support of the Decline to Sign campaign fighting to keep the anti-marriage initiative off the ballot.
Statewide campaign works to prevent marriage initiative in CA
As the April 21 deadline nears for Protectmarriage.com to collect 700,000 signatures to qualify the initiative which would write marriage discrimination into the state constitution, Equality for All, a new GLBT coalition educating the public on marriage equality, is working nonstop to prevent opponents from reaching their goal. “Through this unprecedented effort, we have had hundreds and thousands of volunteers all across the state doing this work,” said Seth Kilbourn, campaign manager for Equality for All.
BLOG: Bill Clinton + DOMA = revisionism
Along with a recent video clip of Bill Clinton feeling the heat from students grilling him about his signature on the Defense of Marriage Act in 1996, Pam offers a historical perspective on DOMA and what was going on at the time of the law signing, contrary to what Clinton claims.
Anti-marriage constitutional amendment advances in PA
After nearly two years, the anti-marriage debate is back on the front burner in the state Capitol. By a 10-4 vote, the Senate Judiciary Committee yesterday advanced a bill to write marriage and relationship recognition discrimination into the constitution. The bill now goes to the Appropriations Committee before consideration by the full Senate. It would have to be passed by the General Assembly in two consecutive sessions and then approved by voters in a referendum.
'Decline to sign' campaign launched
A coalition of groups supporting marriage equality is asking for volunteers to help defeat an effort write marriage discrimination into the California constitution. Equality for All, a coalition of LGBT and allied civil rights groups, is launching a "Decline to Sign" campaign to discourage people from signing petitions that support putting an anti-marriage initiative on the November ballot.
AZ Leaders Mull Anti-Marriage Constitutional Amendment Anew
Republican lawmakers on Monday proposed asking voters in November to amend the Arizona Constitution to include marriage discrimination, which was the first to turn down such a measure. The proposal was backed by 16 of 30 state senators, and an identical proposal was introduced in the House. Both chambers would have to approve the measure in a vote for it to be included on the ballot.
Marriage discrimination challenge set for hearing
The first legal challenge to Colorado’s anti-marriage constitutional amendment goes to court Wednesday, with the goal of unraveling Amendment 43, which voters passed in 2006. The main legal case is misdemeanor trespassing: Catherine Burns and Sheila Schroeder, a lesbian couple from Englewood, went to the Denver Clerk and Recorder’s Office on Sept. 24 to get a marriage license.
Lawmakers take sides on anti-marriage constitutional amendment
Although the Iowa legislature is divided on their stance with regards to an anti-marriage constitutional amendment, the Des Moines Register’s Iowa Poll showed in January 2006 that 54 percent of those surveyed were opposed to writing discrimination into the state Constitution, while 39 percent were in favor and 7 percent were unsure.
Florida to vote on anti-marriage amendment
Florida residents will vote in November on an anti-marriage constitutional amendment, state officials announced late Friday. The signature-petition drive launched three years ago by social-conservative groups managed to beat Friday's deadline to make the presidential-election ballot, the state Division of Elections said…Jon Kislak, chairman of the Florida Red and Blue group planning to fight the amendment, said he was "confident that voters will reject this amendment once they learn it can take away existing rights and benefits from millions of Floridians."
Faculty opposes anti-marriage constitutional amendment
The Ball State University Faculty Council voted to oppose the proposed gay marriage amendment Senate Joint Resolution 7. Beckie Adams, a professor in the Department of Family and Consumer Sciences, said the Faculty Council was strongly opposed to the state constitution amendment.
Anti-marriage amendment breeds bias
News-Press editorial staff voices opposition to the Florida marriage amendment and says it is a "false belief" that banning gay couples from marriage "somehow strengthens traditional marriage."
Indiana Senate Passes Anti-Marriage Amendment
Indiana's Senate has approved a proposed amendment to the state constitution that would limit marriage to opposite-sex couples. The Senate vote sends the measure to the House, which is controlled by Democrats. Speaker Patrick Bauer (D) has said repeatedly that an amendment is not needed because same-sex marriages are already banned under Indiana law.
Drive kicks off to ban foster care by partners
The Arkansas Family Council is launching a petition drive in hopes of passing a law that would ban gay and unmarried couples from adopting or becoming foster parents. A coalition of doctors, ministers, children’s advocates and others officially organized to campaign against the proposal.
Gay-wed ban won't get hearing
A proposed anti-marriage constitutional amendment in Indiana likely was dealt a fatal blow today when a key lawmaker said he would not give the issue a hearing. Rep. Scott Pelath, D-Michigan City, who is chairman of the House Rules and Legislative Procedure Committee, said today that the most urgent issue facing the state is property taxes, not an anti-marriage constitutional amendment.
Marriage discussion heats up Day 1
House Speaker Pat Murphy, a Dubuque Democrat, said legislative action on Iowa's marriage laws is premature. "I can't help but notice that Christopher wants to be a legislator, a judge and a jury. We need to let the judicial process take its process. This is before the Supreme Court. There's no reason to overreact. The bottom line is, we need to let that progress go forward. We don't see the courts in here trying to subvert the legislature. We shouldn't be trying to subvert the judicial process, either."
Anti-marriage ban may not make ballot
A proposed anti-marriage constitutional amendment in Florida may not make it to voters this year, after organizers -- who proclaimed a month ago they had gotten it on the November ballot -- found out Monday they haven't collected enough signatures after all.
Non-gay ally sues over anti-gay marriage amendment in WI
The first lawsuit attacking the anti-gay marriage ban in Wisconsin was mostly dismissed by a Dane County judge Wednesday. The judge says the man cannot sue because he is not gay and has not been harmed by the amendment. "I think every citizen in the state has standing on this issue, including me," William McConkey said. "I was asked would I have done this if I didn't get have a gay daughter. Probably not. I'd still be outraged, but I wouldn't have put myself through this. But I'm fighting for my kid."
OPINION: The constitution is not the place to make law
Opposing an anti-marriage constitutional amendment in the North Carolina legislature, The News and Observer opines, "Putting gay and lesbian couples' relationships in the political arena scarcely helps anyone. It gives grandstanding pols a chance to show off, but it's hard to argue that a little tolerance of differing views on the issue threatens the American family structure. It's even harder to make a case for an unnecessary constitutional amendment."
Anti-gay movement fractures
When the Alliance for Marriage, a group behind the proposed federal constitutionalization of marriage discrimination, announced last week that it was changing its tactics from lobbying Congress to a "50-state strategy," it appeared that other religious-right groups were pleased that AFM would be pushing for states to amend their own constitutions. Now, it looks like the Alliance is running out of allies.
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MULTIMEDIA:
VIDEO: Gay and lesbian marriages stay legal in Bay State
Watch lawmakers vote to keep a constitutional amendment that bans gay and lesbian couples' legal marriages off the 2008 ballot during a joint session of the Massachusetts House and Senate.
PODCAST: Evan Wolfson addresses Kentucky Fairness Alliance, rebounding after constitutional amendment vote
Speaking in Lexington, KY, Evan urges the 700+ non-gay and gay attendees not to "let the constitutional amendment be the last word," but rather, lay out a vision for how to move forward and win marriage equality for the thousands of Kentucky same-sex couples and their kids that the "reachable middle" has only begun to get to know.
PODCAST: Marriage equality leader debates VA anti-gay amendment sponsor
Evan Wolfson's October 5, 2006, debate with VA Delegate Bob Marshall, co-sponsor of a proposed amendment to the VA Constitution to prohibit legal recognition or benefits for same-sex relationships.
LECTURE: Evan Wolfson at Marquette University Law School
Evan Wolfson talks to the next generation of lawyers at MULS in Milwaukee, Wisconsin regarding the importance of the freedom to marry and how they can make their voices heard to encourage the non-gay people in their lives to embrace fairness and equality. Evan also addressed the dangers of the proposed anti-gay state constitutional amendment aimed at denying all family protections to gay couples and their kids in Wisconsin, and answered questions from students and faculty.
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Our state and federal constitutions are among the most important documents in the union. Download Stand Up for Our Constitution (pdf) and find out more about the consequences of enacting anti-gay marriage amendments.
Evan Wolfson discusses how the so-called "Federal Marriage Amendment," if passed, would force the intrusion of the federal government into the regulation of marriage. This unprecedented Constitutional intervention would prevent all states and all future generations from making their own decisions on ending sex discrimination in marriage, just as they ended race discrimination in marriage a generation ago.
National Gay & Lesbian Task Force
This analysis of election returns and data from the National Election Pool exit poll finds that same-sex marriage ballot initiatives did not help Republican Senate candidates in 2006. Support for same-sex marriage bans has fallen most dramatically in states where people identifying themselves as born-again or evangelical Christians make up an identifiable minority of residents.
Equality for All is preparing to lead the fight against proponents of discrimination in California. This statewide coalition of LGBT and civil rights organizations, labor and business, straight and gay, is determined to defeat any attempts to write discrimination into our constitution.
