S.C. CONSTITUTIONAL AMENDMENT S.C. eyes tougher gay-union ban House poised to endorse plan that would bolster existing
law, but Senate hurdle looms By
LEE BANDY Staff
Writer
South Carolinians will be hearing a lot this week about changing
the state constitution to ban same-sex marriages — something state
law already does.
The S.C. House is likely to approve the constitutional amendment
on Wednesday.
But whether South Carolinians actually get to vote on the issue
could be in the hands of one Democratic state senator who doesn’t
believe the constitution is the place to legislate moral values.
“I’m not going to let others trample on the rights of gays and
lesbians,” said Sen. Robert Ford, D-Charleston, chairman of the
Senate Judiciary Subcommittee that gets first crack at the proposed
amendment.
Supporters are confident they can pass the amendment in the
Senate — if they can pry the measure out of Ford’s committee.
“I’m dumbfounded that anyone would vote against this,” said Sen.
Mike Fair, R-Greenville.
Ford — who vows to be even-handed with the amendment —
nevertheless already has plans to keep it bottled up in committee
with a lengthy series of public hearings that don’t begin for
another month.
That would be just fine with many of his colleagues.
“There is no appetite in the Senate to take it up,” said Sen.
Darrell Jackson, D-Richland.
Like many legislators, Jackson, a Columbia minister, personally
opposes gay marriage. But, he said, “We have to be careful when
legislating moral character.”
EXTRA PROTECTION
In 1996, the General Assembly adopted a law banning gay marriage.
But backers have said that statute — limiting marriage to a union
between a man and a woman — does not go far enough.
Advocates see the proposed constitutional amendment, approved
17-1 by the House Judiciary Committee last week, as an attempt to
strengthen the S.C. law, which also prevents other states’ same-sex
marriages from being recognized here.
Putting it in the constitution makes it more difficult to come
back later and change it.
The proposed amendment is directed against states such as
Massachusetts, where same-sex weddings have been sanctioned.
“This amendment gives us one extra layer of protection against a
federal judiciary gone wild,” said state Rep. John Graham Altman,
R-Charleston, a member of the judiciary panel.
More than a dozen states have similarly changed their
constitutions, and another 23 are in the process of doing it.
Rep. James Smith, D-Richland, was the lone opponent of the
measure in the House committee.
“Personally, I’m opposed to gay marriage,” he said. “Marriage is
between a man and a woman. But I don’t believe it ought to be
written into our constitution.”
Smith, the former Democratic leader in the House, called the
amendment a political ploy to benefit Republicans.
“It’s largely a get-out-the-vote effort designed to play on
people’s fears and biases for the purpose of political gain. I’m not
going to participate in it.”
The proposed constitutional amendment requires approval by
two-thirds of the House and Senate, the signature of Gov. Mark
Sanford, and finally a simple majority vote of the people.
Rep. Greg Delleney, R-Chester, the measure’s chief sponsor, said
the resolution would clear the House by a substantial margin. Few
disagree.
“This tells other courts, like the U.S. Supreme Court, that
marriage ought to be defined the way it has always been defined
since Genesis,” Delleney said.
If adopted by the General Assembly, the amendment would be
submitted to the people for a vote in 2006, a gubernatorial election
year.
“This gives the people an opportunity to express their opinion
and to see if they support the ban,” Delleney said.
SLOW PROCESS
The proposed constitutional amendment has been sitting in the
Senate committee for close to two months. Ford plans to hold seven
public hearings on the amendment — most bills rarely get more than
one hearing. The first wouldn’t come until March 31.
That schedule could push any consideration of the amendment
dangerously close to the June 2 adjournment of the Legislature.
“I’m going to be fair to all,” Ford promised. “I go into this
with an open mind.”
Ford said if a “right-winger” who supports the amendment was
chairman of his committee, “they would have had no hearings at
all.”
Advocates for gay and lesbian rights oppose the amendment.
“I don’t approve of amending my constitution to write in
discrimination,” said Bert Easter, former president of the S.C. Gay
and Lesbian Pride Movement. “That is wrong and not in the spirit of
a why we elected these representatives.”
Many Democrats — such as Senate Democratic leader John Land of
Manning — would be happy if the issue just went away.
“It’s something that’s hard to vote against; let’s face it.”
Reach Bandy at (803) 771-8648 or lbandy@thestate.com |