ACTION ALERT
The Senate will vote on marriage amendment next week
Update: We won -- the Senate cloture vote was 49-48 defeating the proposed amendment. See how your Senator voted here.
Jun. 2, 2006 - Senate Majority Leader, Bill Frist, has promised a vote on SJR1, the "Marriage Protection Amendment" during the week of June 5th, 2006. This amendment to the U. S. Constitution would enshrine a theological definition of marriage (male/female only) on the civil contract of marriage. Urge both of your U.S. Senators to vote against SJR1.
The first sentence of the "Marriage Protection Amendment" specifies that only a marriage between one male and one female shall be recognized in the U.S. This would apply to every state, and would invalidate current law in Massachusetts. The effect of the second sentence of the amendment regarding incidents of marriage is unclear even to those who proposed the language. Looking at recent case law in Ohio, the second sentence may invalidate domestic violence protections for unmarried couples in some states, and may require elimination of certain domestic partner benefits.
The Secular Coalition for America opposes SJR1 based on its effect on both the Free Exercise Clause and the Establishment Clause of the First Amendment. For Humanists and others (including many theistic clergy) who believe in performing marriages for same-sex couples, the amendment interferes with their free exercise. Of course, all clergy are currently permitted to refuse to perform any marriages of which they disapprove, regardless of whether or not such marriages are legal in their states.
The Establishment Clause implications are even more problematic. Placing a theological definition of a civil contract into the U.S. Constitution would imperil the secular document and open the door to unlimited Theocratic amendments. Taken to its extreme, an amendment could require the government to only recognize marriages between two theists (since many theists believe that marriage is a sacred rite which must be performed under a god.)
Take a stand: Please urge both of your U.S. Senators to vote NO on SJR1.
You can contact your Senators through their websites or through the Legislator/Media Lookup by Zip Code.
Many e-mail recipients have requested draft letters to send. Please feel free to adapt the following draft letter to your voice, and to add any additional information of importance to you:
Dear Senator ________________,
I urge you to vote "NO" on SJR1 the "Marriage Protection Amendment". Such an amendment would conflict with both the Free Exercise and Establishment clauses of the First Amendment. Religious and secular organizations should be free to decide who they will and will not marry (as is currently the law). The Constitution should not interfere with the free exercise of Humanists and other clergy who may choose to marry same-sex couples. Our Constitution should not be used to impose a theological definition of a civil contract. This poses a disturbing attack on the Establishment clause which prohibits government from favoring one religion over another or favoring religion over the non-religious.
Sincerely,
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