From: EWLLDEF@aol.com Date: Fri, 2 May 1997 10:19:08 -0400 (EDT) To: staff@ftm.org cc: LLDEFMarry@aol.com Anti-Marriage Bills 1997 -- State-By-State Status Report Evan Wolfson, Director of the Marriage Project May 2, 1997 In all fifty states today, same-sex couples are denied the freedom to marry -- no matter how long they have been together, no matter how committed their relationship, and no matter how much their families need the protections, benefits, and responsibilities that come with civil marriage. With a court challenge in Hawaii likely to end this discrimination within a year, right-wing anti-gay organizations are mounting a state-by-state organized backlash campaign aimed at thwarting legal recognition of the lawful civil marriages that same-sex couples hope to celebrate some day. In 1996, they tried to pressure 37 state legislatures into passing anti-marriage bills; most refused. This year, they are at it again. All other Americans take for granted that this is one country, and if you are married, you are married; no one believes that married couples should have to have a marriage visa stamped every time they cross a state border. But if the religious-political extremists have their way in promoting "anti-marriage bills," same-sex couples, their families, states, taxpayers, employers, creditors, and others will literally face the legal and practical nightmare of "now you're married/now you're not." The election-year passage of an unconstitutional federal anti-marriage law in 1996 will not stop our struggle or success, nor will it end the backlash. Inserting the federal government into marriage for the first time in U.S. history, the so-called "Defense of Marriage Act" (DOMA) created a radical caste-system of first-class and second class marriages. Under DOMA, if the federal government likes whom you marry, your first-class marriage gets a vast array of legal and economic protections and recognition. But if the federal government doesn't like whom you marry, your second-class marriage is denied federal recognition, protection, and benefits in all circumstances. DOMA's blatant violation of constitutional principles of federalism, non-discrimination, and respect for lawful marriages shows the anti-marriage law to be, not just gay-bashing, but, in the words of The New York Times, "constitution bashing." DOMA represented a concession by our enemies that gay people will win the freedom to marry; so now they seek to discriminate against those soon-to-be lawful marriages. But in America, we shouldn't have second-class citizens, and we should not have second-class marriages. Hearkening back to the not-so-long-ago ugly days of past discrimination against those who chose to marry the "wrong" kind of person (such as interracial or interreligious couples), and the days when Americans had to "go to Reno" just to get a civil divorce, these state and federal anti-marriage bills are unconstitutional, divisive, wrong, and cruel. They can and must be stopped now, state by state. SUMMARY Pending Anti-Marriage Measures: AL, CA, CO, CT, FL, HI, IN, KY, LA, MN, MT, NE, NJ, NY, OH, OR, TX, VT, WI (19) Anti-Marriage Bills Adopted This Year: AR, ME, MS, ND, VA (5) Anti-Marriage Bills Blocked This Year: IA, MD, NH, NM, RI, WA, WV, WY (8) Pro-Marriage Bills Introduced: IL, MD, NE, RI, WA (5) STATE-BY-STATE ANTI-MARRIAGE BILLS Alabama (Session ends 5/19) Senate Bill 282 Senator Roger Bedford (D) intoduced anti-marriage bill that, like the one that failed in 1996, bans marriage licenses for same-sex couples, denies recognition to lawful marriages from other states, and punishes by at least $1000 any person who performs or "solemnizes" a same-sex couple's wedding. Senate Bill 1 Likewise bars same-sex couples from marrying and denies legal recognition to their lawful marriages. House Bill 482 Similar to Senate Bill 1. Passed committee. Arkansas - Adopted (4/4) Senate Bill 5 Anti-marriage bills passed Senate (1/27) and House (1/22). Signed by Governor Huckabee (R) on February 13. California Assembly Bill 800 Introduced by Assemblymember Margett (R). Senate Bill 911 Introduced by Senator Pete Knight (R), leading proponent of the three anti-marriage bills Californians were forced to grapple with in 1996. Colorado (5/7) House Bill 1198 Introduced by Rep. Marilyn Musgrave (R), who proposed the same bill the year before. Declares lawful marriages between people of the same sex "absolutely void." Passed House. Amended in Senate Judiciary Committee to require non-recognition of same-sex couples' lawful marriages, while deleting declaration that such marriages were against the state's public policy. Passed Senate as amended; now in Conference Committee. Connecticut Senate Bill 535 Introduced by Senator Neilson. Would restict marriage to only different-sex couples. Referred to Judiciary Committee. Florida (5/2) House Bill 147 Introduced by Rep. Johnny Byrd. Would restrict marriage to different-sex couples only, and deny recognition to lawful marriages of same-sex couples under all circumstances. Passed in stacked Governmental Operations Committee, and then passed the full House on March 25. Senate Bill 272 Introduced by Sen. John Grant (R). Passed Judiciary Committee March 12; passed Senate. Now before Governor Lawton Chiles (D) for signature or veto. Hawaii (5/2) House Bill 117 On April 29, both houses of the legislature voted for language of a proposed constitutional amendment which, if approved by the voters would permit (although not require) the legislature to restrict marriage to opposite-sex couples. The proposed amendment now will go to the voters in November 1998. Even if approved, it would be 1999 before a discriminatory restriction on marriage could become law. The amendment proposal was coupled with House Bill 118, legislation according same-sex couples (and other "reciprocal beneficiaries") the broadest package of rights and benefits ever accorded gay families in the U.S. That law takes effect in July 1997. It is unclear what, if any, impact on all of this will have on Baehr v. Miike, the landmark freedom to marry case, now pending before the Hawaii Supreme Court. Indiana (3/7) House Bill 1019 Introduced by Rep. Woody Burton (R). Blocked in Families, Children & Human Affairs Committee. No further action. . Similar language has now been proposed by Rep. Burton as an amendment to an unrelated bill on welfare. The amendment adds a non-recognition provision to the current restriction on marriage to different-sex couples. After further manipulations of the rules, Rep. Burton succeeded in getting similar language voted out in another gutted bill, so anti-marriage legislation is now before Gov. Frank O'Bannon for signature or veto. Senate Bill 211 Anti-marriage bill passed by Judiciary Committee. Failed to proceed. Iowa - Blocked! (4/26) Senate Study Bill 114 Introduced by Gov. Terry Branstad (R). Failed to proceed. House Study Bill 37 Introduced by Governor. Same. Passed by Judiciary Committee, but failed to proceed prior to deadline. Kentucky (no regular session) Anti-marriage bills rejected in 1996 again "pre-filed," although unless an irregular special session of the legislature is called, there will be no action until 1998, if at all. Louisiana (6/23) Senate Bill 37 Introduced by Sen. Phil Short (R) to amend the state constitution so as to outlaw marriage between persons of the same-sex. Failed to get the requisite two-thirds vote for passage, although it could be brought up again during the session. Maine - Adopted (6/21) In response to anti-gay right-wing group's petitions to force an anti-gay anti-marriage initiative onto the November 1997 ballot, the legislature adopted the discriminatory legislation. Gov. King refused to sign the bill, blasting it as unconstitutional and wrong, but allowing it to become law for the time being rather than permit a referendum. Maryland - Blocked! (4/7) House Bill 398 Bill rejected last year again introduced by Emmett Burns on January 23. Would declare same-sex couples' lawful marriages "repugnant," and refuse them recognition. Hearing held on March 12 in House Judiciary Committee, which defeated the bill on March 17. Minnesota (5/19) Senate Bill 11 Bill introduced prohibiting same-sex couples from marrying, refusing to recognize lawful marriages from other states, and denying same-sex couples "the benefits of marriage." Referred to Judiciary Committee. House Bill 41 Referred to Judiciary Committee. Adopted by Committee as amendment to unrelated child-support bill as way of getting around the appropriate subcommittee. May proceed to House floor. Mississippi - Adopted (4/4) Senate Bill 2053 On January 10, without debate or hearings, Senate passes bill declaring that gay people may not marry and that lawful marriages of gay people performed in other states may not be recognized in Mississippi. Passed by House, signed into law by Governor Kirk Fordice (R) while, as the AP describes it, "he is recovering from injuries suffered in a car accident while returning from lunch with an unidentified women." Montana (4/25) House Bill 323 Would prohibit same-sex couples from legally marrying. Hearings held in Judiciary Committee Feb. 13, passed House. Amended in Senate to declare in addition that "a contractual relationship entered into for the purpose of achieving a [prohibited] civil relationship ... is void as against public policy." Amended version passed the House and has been sent to the Governor for signature or veto. Nebraska (6/1) Legislative Bill 280 "The Nebraska Defense of Marriage Act" was introduced by Sen. Jim Jensen on January 13. Restricts marriage to different-sex couples only, denying recognition to lawful marriages. Judiciary Committee held hearing 2/19. Successful filibuster by Senator Ernie Chambers may have blocked passage. New Hampshire -Blocked! (6/30) House Bill 260 Introduced by Re. Paul Mirski (R). Restricts marriage to only different-sex couples. Following hearing in Judiciary Committee, rejected by full House by vote of 261 to 85. New Jersey (1/12/98) Assembly Bill 2193 Introduced by Assemblywoman Marion Crecco (R), the sponsor of the previous year's bill. Would amend NJ law to state that "[p]ersons of the same sex shall not marry," that any such marriage would be "absolutely void" in New Jersey, and that "[m]arriage between persons of the same sex is against the [state's] public policy." Passed Health Committee. New Mexico - Blocked! (3/22) House Bill 640 Limits marriage to different-sex couples. Recognizes as valid all out-of-state marriages except those of same-sex couples. Punishes anyone celebrating a same-sex couple's marriage. Approved by Consumer and Public Affairs Committee. Failed to proceed prior to adjournment. Senate Joint Resolution 8 Proposes to amend state constitution to declare that only different-sex couples' marriages shall be permited or recognized. Failed to proceed prior to adjournment. New York (12/31) Assembly Bill 158 Introduced by Assemblymember Seminerio. Companion bill to be introduced by Senator Maltese. Would make lawful marriages of same-sex couples "absolutely void" in New York State. North Dakota - Adopted (4/29) Senate Bill 2230 Restricts marriage to different-sex couples only, and provides for recognition of out-of-state marriages, except those of same-sex couples. Passed Senate. At hearing in House Judiciary Committee on March 11, the Committee voted against the bill, giving it a "Do Not Pass" recommendation. Nevertheless, it passed the House, and was signed into law on March 25 by Gov. Ed Schafer. Ohio (12/31) House Bill 160 Introduced by Representative Jay Hottinger (R), the vice chair of the Insurance Committee, on January 29, 1997. States that only a man age 18 or over and a woman age 16 or over may marry, and would specifically prevent valid marriages from other states from being recognized in Ohio. Assigned to Civil and Commerical Law Committee. Oregon Senate Bill 577 Introduced by Senator Marylin Shannon (R). Would restrict marriage to only different-sex couples. Rhode Island - Blocked! (6/27) Anti-marriage bill introduced. Rejected 11 to 5 by House Judiciary Committee on April 11, and failed to proceed. Texas (6/2) House Bill 11 Rep. Warren Chisum (R) filed "emergency" bill barring recognition under all circumstances for lawful marriage of same-sex couples. Referred to State Affairs Committee. Vermont (4/30) House Bill 182 Introduced by Rep. Nancy Sheltra (R). Would prohibit same-sex couples from marrying, and deny any such couples' lawful marriages recognition under all circumstances. Referred to Judiciary Committee. Virginia - Adopted (2/22) House Bill 1589 Introduced in House of Delegates by Johnson. Adds to prohibition on marriages by same-sex couples language declaring such lawful marriages to be void, and all contractual rights created by such lawful marriages to be void and unenforceable. Passed by House. Senate Bill 884 Similar bill passed by Senate. Signed into law by Gov. Allen (R). Washington - Blocked! (4/28) Senate Bill 5398 Would deny marriage to same-sex couples, and would invalidate their lawful marriages from other states. Passed by House and Senate. On Feb. 21, Governor Gary Locke (D) vetoed the bill as a "measure that would divide, disrespect, or diminish our humanity." On Feb. 26, by a vote of 26 to 20, the Senate failed to override the governor's veto. Legislators in the House attempted to rush same measure onto a special June ballot; failing that, the House voted narrowly (50-48) to send the measure to voters in September. Measure died in conference committee after Senate refused to authorize a referendum, thereby sustaining the Governor's veto. West Virginia - Blocked! (4/12) House Bill 2179 Would deny same-sex couples' lawful marriages recognition in the state. Bill was amended in Senate Judiciary, passed the Senate, but then failed to advance out of conference committee. Wisconsin (12/31) Assembly Bill 104 Anti-marriage bill again introduced. Hearing held in Committee on Children and Families. Wyoming - Blocked! (3/15) House Bill 94 Proposal to withhold recognition for lawful marriages from other states, and to void any in Wyoming, introduced by Rep. Garcia. Bill failed to advance past the Labor, Health, and Social Service Committee and is now dead. 1996 Anti-Marriage Bills Rejected, Vetoed, or Failed to Advance: AL, CA, CO, FL, HI, IA, KY, LA, ME, MD, MN, MS, NM, NJ, NY, RI, VA, WA, WV, WI, WY (21) Anti-Marriage Bills Adopted: AK, AZ, DE, GA, ID, IL, KS, MI, MO, NC, OK, PA, SC, SD, TN, UT (16) Executive Orders Adopted: Despite the decision of state legislatures not to discriminate, the governors of two states issues executive orders purporting to declare, by fiat, that marriages they disapproved of were void in the state, and not to be recognized: AL, MS (2) Federal Anti-Marriage Law: So-called "Defense of Marriage Act" (DOMA). Passed by House of Representatives (7/12/96) and the Senate (9/10/96), signed into law by President Clinton under cover of darkness September 21. To be challenged once we win the freedom to marry. 1995 In 1995 three states (AK, SD, UT) were pressured to adopt anti-marriage laws; two refused. Only one state, Utah, actually adopted one of these unconstitutional anti-marriage laws, thereby guaranteeing that its taxpayers will face costly and likely losing litigation brought by couples (and others) seeking to defend lawful marriages (once marriage discrimination is ended through a case such as that pending in Hawaii).