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Gays seek change in state law
By Jason Cato The Herald (Published February 6 2004) As Massachusetts barrels toward becoming the first state to legalize marriage for same-sex couples, the issue is beginning to stir here in South Carolina. A state gay rights organization will host a town hall meeting on marriage equality next week in Columbia, then will follow it up by openly challenging the state law barring gay marriage. "I may be a dreamer, but I do think times are changing," said Bert Easter, president of the S.C. Gay and Lesbian Pride Movement, the group sponsoring Wednesday's meeting. "My intention is to get married right here in Columbia, South Carolina. I don't think it will happen next week. Maybe in a few years, I'm hoping." This week, however, a band of lawmakers including Rep. Gary Simrill, R-Rock Hill, introduced legislation expanding the law barring recognition of such marriages. The new law also would prohibit marriage benefits for gay couples married in other states. The bill states extending "specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this State." The bipartisan bill is co-sponsored by more than 50 House representatives, including Rep. Greg Delleney, R-Chester, and Rep. Becky Richardson, R-Fort Mill. "This really takes the battle to the next level," Simrill said Thursday. He introduced the original bill barring gay marriages conducted in other states or countries from being recognized in the Palmetto State. It became law in 1996. Simrill's bill was written in response to a pending court case in Hawaii that could have legalized same-sex marriages and forced other states to recognize such marriages under the U.S. Constitution's "full faith and credit" clause. The clause requires states to honor public acts, records and judicial proceedings of other states. U.S. Sen. Lindsey Graham, R-S.C., has said such laws are likely unconstitutional and would not stand if challenged in court. Simrill recognized that may be true. "But we'll do whatever we can at the state level, where we have control, to protect the sanctity of marriage as being between a man and a woman," Simrill said. The Massachusetts Supreme Court has ruled that state's ban on gay marriage violated the state constitution. On Wednesday, it backed up its earlier ruling by rejecting a state legislature offer of "civil unions" instead of marriage for same-sex couples. "The history of our nation has demonstrated that separate is seldom, if ever, equal," the court wrote. Samuel Slater, a legislative analyst with the National Gay and Lesbian Task Force, said the ruling is making ripples nationwide. "It's as important of an issue in the South as it is in the Northeast," said Slater, who will speak at Wednesday's town hall meeting. "This is the new civil rights fight." Similar to the new bill introduced here, Ohio lawmakers passed a law in January restricting gays from marriage and the benefits that brings. Slater said the legality of such laws is a huge debate. "State's should recognize marriages equally," he said, "We want marriage equality for same-sex couples. We're not asking for gay marriage; we're asking for marriage." A federal effort could make such state issues moot. In May, lawmakers in the House of Representatives reintroduced legislation that would change the constitution to define marriage as being between a man and a woman. The Federal Marriage Amendment would permanently deny marriage rights to same-sex couples in the United States. U.S. Rep. Jim DeMint, R-S.C., co-sponsored the legislation. He flew to Charleston on Thursday aboard Air Force One with President Bush. DeMint said they discussed the amendment and gay marriage for about 15 minutes. DeMint said marriage is under attack and criticized the Massachusetts court for creating law instead of interpreting it. "The institution of marriage is really something that came out of the book of Genesis and created by God," DeMint said. "It can't be reinterpreted by judges." Bush hinted this week he would soon endorse the amendment, the New York Times reported Thursday. DeMint said that wasn't mentioned on the plane, but said Bush definitely supports the effort. "His perspective, like mine, is that the marriage amendment is not against anyone," DeMint said. "This is a societal question and the family is the foundation of American society." Easter, president of the state gay rights group, said such views discriminate against gay couples by not extending the same rights and respect enjoyed by heterosexual couples. "Our allies see there's nothing wrong with loving couples who want to be in committed relationships," Easter said. He hopes next week's town meeting will garner more of those allies. The meeting will be 7 p.m. Wednesday in Gambrell Auditorium at the University of South Carolina. Contact Jason Cato at 329-4071 or jcato@heraldonline.com. |
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