EDITORIAL
No on 1; Yes on
2 Marriage, legislative questions
deserve different outcomes
According to conservative principle, state constitutions are
supposed to specify how governments should be organized and to set
forth the ideals on which governments should operate. Constitutions
are not supposed to be dumping grounds for social policy. Setting
forth social policy is the job of the legislature. By that classical
American standard, two questions on Tuesday's S.C. election ballot
deserve different fates.
Question 1, the marriage amendment, fails to meet this test. The
amendment would specify that a marriage between one man and one
woman is the only lawful domestic union that the state will
recognize. A 1996 law in no immediate danger of legislative repeal
or court invalidation already makes this clear.
Question 1 supporters argue that some judge without a sense of
restraint could invalidate the 1996 law and order the General
Assembly to legalize gay and lesbian marriages. But the elevation of
heterosexual monogamous marriage to constitutional status would
offer no protection against such a judge. He or she could still
declare the marriage amendment to be in conflict with the
constitutional provision that every South Carolinian deserves equal
protection under the law or with the 14th Amendment to the U.S.
Constitution, which supersedes state constitutions.
In a meeting with The Sun News this week, S.C. Attorney General
Henry McMaster, who supports passage of Question 1, said the S.C.
equal protection clause doesn't apply to marriage, as marriage is a
privilege, not a right. We take that to mean that the 1996 law
stands as good a chance of surviving a judicial challenge as the
proposed amendment would. The Sun News recommends a no vote on
Question 1.
Question 2, however, merits voter passage as it would improve the
organization of the S.C. General Assembly. The first part of the
question would empower both houses to adjourn for more than 30 days
on a two-thirds vote. The second part of the question would
eliminate the requirement that one house can't adjourn without the
permission of the other. Passage of both parts could shorten
legislative sessions - considered to be intolerably long by many
South Carolinians - and streamline the operation of the General
Assembly. The Sun News recommends that voters say yes to both parts
of Question 2.
Question 4, reloaded
We erred Wednesday in saying that the five-year 15 percent cap to
property valuation increases proposed in Question 4 would apply to
owner-occupied houses. The amendment would apply to all taxable
property, including rental and commercial property.
However, our basic objection to the amendment remains valid.
According to a study by the Strom Thurmond Institute at Clemson
University, the net effect of the amendment over time would be to
redistribute the tax burden to taxable property valued at less than
$200,000.
Commercial property arguably deserves a tax break. This year's
tax-swap legislation deletes the school operations portion of the
property tax from homeowners' tax bills, cutting total property
taxes by more than half. This places more school mill levy pressure
on business buildings. But if the legislature wants to provide tax
relief for business buildings, it should do so directly. The tax cap
is unfair to middle- and lower-income South Carolinians. They,
especially, should vote no on Question 4. |