04.24.06
Church Groups Battle Over Gay Marriage
(New York City) A swath of organizations including nearly 200 religious groups, congregations and clergy have filed friend of the court briefs supporting same-sex marriage in New York State while Catholics have joined evangelical groups in demanding a federal constitutional amendment barring gay marriage.
New York State’s highest court - the Court of Appeal - will hear oral arguments on the constitutionality of state regulations that prevent same-sex couples from marrying on May 31. (story)
In 14 friend-of-the-court briefs filed with the New York Court of Appeals, national and statewide religious and civil rights leaders and organizations urge the court to overturn the law.
Among the briefs was one by the American Psychological Association, the American Psychiatric Association and the New York State Psychiatric Association which argues that sexual orientation should not be used to bar same-sex couples from marriage or raising children.
Another, from the National Association of Social Workers, the Child Welfare Fund, and the Association to Benefit Children says that it harms children to prevent their parents from marrying.
A brief from the National Organization for Women, the New York Women’s Bar Association and other women’s groups charging that barring marriage for same-sex couples constitutes sex discrimination.
Religious groups signing the brief include Episcopal, United Methodist, Presbyterian, Church of Christ and Unitarian churches, and conservative and reform Jewish temples.
“As a pastor who has served several congregations over the past 21 years, I’ve seen first-hand the loving bonds and beautiful families that have grown out of the lasting commitments of gay, lesbian and straight couples,” said the Reverend Steve Clunn of the First United Methodist Church of Schenectady.
“While the U.S. Constitution guarantees that various religious groups will always be free to marry whom they please, I and many of my colleagues long for the day when the state will not stand in the way of our ability to marry same-sex couples.”
But while those religious leaders were supporting same-sex marriage 50 prominent religious leaders, including seven Roman Catholic cardinals and about a half-dozen archbishops, have signed a petition in support of an amendment to the US Constitution to ban same-sex marriage the New York Times reports.
It is the most strident position taken to day by senior officials of the Catholic Church in America, although a number of bishops are heavily involved in state constitutional battles.
Senate Majority Leader Bill Frist (R-Tenn.) has scheduled debate on the so-called Marriage Protection Amendment for the week of June 5.
Last month the Senate Republican Policy Committee distributed to senators a 16-page policy document outlining the GOP arguments for the amendment.
Calling Lambda Legal, the ACLU and Freedom To Marry a “cabal” the report said “It is plain that the same-sex marriage advocates’ campaign through the courts continues unabated. The only way to ensure that the American people, rather than judges, decide this fundamental question about the future of marriage in America is to offer them the opportunity to consider and ratify a constitutional amendment through their state legislatures.”
The proposed amendment is almost identical to one which failed to get enough votes in 2004 - just before the last election. (story) It was reintroduced in January. (story) A House version was reintroduced in March.
To become part of the U.S. Constitution, an amendment must be approved by two-thirds of both the House and Senate and ratified by three-fourths of the states.
Federal law already bans recognition of same-sex unions. The federal Defense of Marriage Act was signed into law by President Bill Clinton.
Frist has said that the law is not enough, adding that the amendment would block “the whims of a few activist judges” from overriding “the common sense of the American people.”