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| Date: From: Subject: | 1/14/2005 5:56:45 PM Home School Legal Defense Association Proposed Marriage Amendment to the Virginia Constitution |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== January 14, 2005 Proposed Marriage Amendment to the Virginia Constitution Dear HSLDA members and friends: The following message is from the Family Policy Network. Attorneys Advise: Ban Civil Unions Without Naming Them Pro-family attorneys are expressing concerns about a second marriage amendment proposal that is developing some support at the state capitol. These attorneys include Stephen Crampton, Chief Counsel of the American Family Association Center for Law and Policy; Constitutional Attorney Mike Farris; and David Langdon, Constitutional Attorney and Author of the Ohio Marriage Amendment. The concerns surround the use of the terms "civil unions" and "domestic partnerships." Both versions of the marriage amendment attempt to ban these arrangements. However, legal experts who are currently defending existing marriage amendments in other states' courts have warned that we must be careful about HOW that is done. These attorneys warn against naming "civil unions," "domestic partnerships," etc. in the constitutional amendment because it is impossible to name every type of same-sex union or relationship activists will try to create. Even adding the phrase, "or any similar union," which some propose, leaves the door open for a judge to say, "I think this new arrangement is different, and therefore it doesn't violate the Constitution." Additionally, specifically prohibiting certain other unions creates more opportunity for legal challenges. The Farris language is unique in that it establishes a "one-man, one woman marriage" as the only union that may be recognized by the state. Period. It is a positive affirmation of marriage that creates an ideal that may not be replicated. Therefore, "civil unions," "domestic partnerships," and any other arrangements that may come in the future are not eligible for recognition. An added benefit of NOT having those terms in the language is political in nature. Given the fact that there are more voters who are accepting of civil unions and domestic partnerships than same-sex "marriage" itself, the presence of those terms in the proposal that voters will see on the ballot may make some of those people vote "no." Protecting "marriage" alone would be more appealing to those voters. The wording is critical in our quest to protect future generations from the moral and social implications of redefining the family. We must have the right language if we are to prevail in the battle to protect marriage in the Constitution of Virginia. Please pray for us, and all of the parties involved, as we are working out these important differences. Requested Action: Please forward this information to conservative friends. Relay this information to your Delegate and urge them to support the Byron marriage amendment language: http://leg1.state.va.us/051/mbr/MBR.HTM Don't know which Delegate to contact? - Click here: http://conview.state.va.us/whosmy.nsf/main?openform Related information: The Farris/Byron marriage amendment proposal: http://vcfm.org/index.php?p=3 OR at: http://leg1.state.va.us/cgi-bin/legp504.exe?051+ful+HJ615 The other marriage amendment proposal: http://leg1.state.va.us/cgi-bin/legp504.exe?051+ful+HJ586 Sincerely, Michael Farris President of Patrick Henry College and Chairman of HSLDA ---------------------------------------------------------------------- -> For as little as 27 cents a day... There's not much you can get for 27 cents a day. Why not put your money toward peace of mind for yourself and your family? 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