By Larry Candler and H. Alan Elmore
At the next election South Carolina voters are asked to include
discrimination in the Constitution that has not been there since the
old racial segregation laws were eliminated. Amendment No. 1 is a
family discrimination amendment that goes much further than banning
gay marriage. It will eliminate the potential for governmental
bodies to provide domestic partnerships for both same-sex couples
and heterosexual couples who are not married by state license
(common law marriage).
It was reported recently that a majority of the Fortune 500
companies offer domestic partnerships to their employees. What this
means is that those in committed relationships -- same-sex, or
opposite-sex couples in some cases -- are eligible to enroll their
domestic partner and children in the companies' benefit programs.
This means that same-sex couples can protect their families by
having access to health insurance, life insurance benefits, family
leave, etc., just like heterosexual couples. Currently 13 states and
the District of Columbia offer domestic partnerships.
Granted Amendment No. 1 is narrowly defined. It only pertains to
those who work for the state or any governmental agency in the state
under it. It is possible, however, that private companies, although
not directly affected by the state's precedent, may exclude domestic
partnerships if they do business with the state.
Another aspect of the amendment that should be considered is the
negative impact it could have on the business climate. More likely,
companies planning to move into our state, with all things being
equal with another state, will look at this amendment as a sign of a
prejudiced culture, and choose to locate elsewhere. South Carolina
needs to be able to recruit and keep the best and brightest to
remain competitive. According to the Brookings Institute, the
leading indicator of a metropolitan area's success in today's
high-technology business is the extent of its gay population. If
talented individuals are kept away by our prejudice and intolerance,
South Carolina will continue to struggle with competitiveness in the
global economy.
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Do we wish to put prejudice and denial of civil rights into our
constitution again in the same manner that racial and interracial
marriage was at one time? South Carolina already has a law that bans
same-sex marriage. When the people and the politicians are
enlightened to discover that the practice of denying these benefits
is indeed discrimination against a segment of our population as a
group, it is a lot easier to change a law than to change the
constitution.
Estimates are that approximately 6 percent (about 250,000) of the
population in South Carolina are gay/lesbian. Their contributions to
our communities and state are enormous. The amendment will relegate
them to second-class citizens.
Many opponents of same-sex marriage and civil unions and domestic
partnerships say that Amendment No. 1 is needed to protect
traditional marriage. Protect it from what? Does providing basic
rights to same-sex partners have any effect on heterosexual
marriage?
Even if you object to same-sex marriage, how can anyone accept
that no legal protection for same-sex couples and their families
will ever be provided, even in the form of domestic partnerships?
South Carolina can never reach its full potential if we allow
discrimination to exist in such a blatant and mean-spirited way.
Have we considered the moral implications of this amendment?
Anytime a society denies fairness and justice to a portion of its
population, it is against the moral values of most religions and
surely the United States of America. All religions teach one form of
the "Golden Rule," and our country has continually worked toward
basic human rights for all people. In the Jewish and Christian Bible
we are encouraged over and over to work for peace and integrity
(righteousness) in our society.
Gay people want to be treated fairly and equally and with dignity
and respect. They want their children to be protected and safe. They
want to build lives together in a way that fosters a secure
environment for their families and children. They do not seek to
tear down "traditional marriage" even if they could.
This amendment is about discrimination against a minority of the
citizens of the state. It is not about protecting traditional
marriage. It is about fear of the unknown and of change. It is
discrimination, nothing more, nothing less.
Defeating Amendment No. 1 is the first step in providing civil
rights for all our people. Please seriously consider casting your
vote against the amendment for the good of all South Carolinians.
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