Gay marriage ban vote OK'd
Wednesday, February 09, 2005
KIM CHANDLER
News staff writer
MONTGOMERY - Alabama lawmakers on Tuesday overwhelmingly approved the idea of a constitutional ban on gay marriage.
The proposed constitutional amendment was the first statewide bill voted on this session.
The House of Representatives approved one version of the bill 85-7, and the Senate approved another 35-0. Each must approve the other's bills. If they do, Alabamians would then vote on the proposal.
"The people overwhelmingly have said that they want the ban on gay marriage in the Alabama Constitution. They want to vote on this issue," said Senate sponsor, Sen. Hinton Mitchem, D-Albertville. "They want to express their own opinion."
Adding the constitutional amendment would change nothing in state policy since Alabama already has a statute against same-sex marriage. Lawmakers who favor the amendmnet said it would ensure that future legislatures couldn't undo the existing ban without a vote of the people and that it would add a layer of protection if a judge should strike down the state law.
"This is about trying to protect Alabama from activist judges," said Rep. Mike Hubbard, R-Auburn, minority leader. "We're trying to play a little defense."
A handful of House members filibustered the bill for several hours Tuesday afternoon, accusing their fellow lawmakers of demagoguery.
"Why are we arguing about something that is already illegal? It's ridiculous to spend time on this," said Rep. John Rogers, D-Birmingham. "Lay it on the line. Say what it's about. It boils down to who can turn out votes for Republicans and Democrats."
Rep. Joseph Mitchell, D-Mobile, suggested if lawmakers were concerned about the sanctity of marriage they should also ban divorce and adultery. Lawmakers refused to consider Mitchell's suggested amendments.
Howard Bayless, a board member of the gay rights group Equality Alabama, called the constitutional amendment "mean-spirited and intolerant." He said Alabama's gay residents are being treated like blacks were in the 1950s and 1960s.
The biggest debate about the bill this session has been not whether to ban gay marriage, but when Alabamians should vote.
The House version of the ban sponsored by Rep. Yusuf Salaam, D-Selma, would hold the vote at the next special, primary or general election. That v would likely be in the 2006 primary unless a special election is called.
Republican House members unsuccessfully tried to change the referendum to the general election in November 2006. The House tabled the proposal in a vote that was nearly perfectly split down party lines.
"This issue is so important that it shouldn't be only for people who are Republicans and Democrats to decide," Hubbard said.
Rep. Alvin Holmes, D-Montgomery, and Rogers said holding the referendum in November would help Republicans by bringing out conservative voters. Some Republicans said holding the election during the primaries could also buoy a potential gubernatorial candidacy by former Alabama Supreme Court Chief Justice Roy Moore or other candidates perceived as ultra-conservative.
Mitchem said he thought holding a special election in September might be an acceptable compromise, particularly if any other proposed constitutional amendments could be put to a vote then.
House Majority leader Ken Guin, D-Carbon Hill, said he hoped to quickly consider the Senate bill in committee, speeding the way for final passage.
