Lawmakers Study Amendment Banning Gay Marriage

State Journal: With courts and state legislatures striking down laws preventing gay marriage across the nation, religious conservatives are asking West Virginia lawmakers to give voters the right to adopt a constitutional amendment to make the state’s own law court-proof. A joint legislative judicial subcommittee met July 14 to take up a resolution requiring state lawmakers to study an amendment defining marriage as between one man and one woman. It wasn’t a public hearing, so only guest speakers were allowed to testify, but the hearing brought a standing-room only crowd of gay marriage opponents and proponents alike. “West Virginians want to vote on the definition of marriage,” said Jeremiah Dys, president of the conservative Family Policy Council. “It is the responsibility of you, as a legislature, to protect the right of every West Virginian to vote on this issue.” State law already prevents homosexual couples from getting married, and, in fact, a majority of states has adopted “defense-of-marriage” language in their state codes or constitutions. Recently, however, several states, such as Iowa and Maine, have struck down such provisions.

The U.S. Supreme Court has yet to weigh in on the issue, so states must determine whether to allow gay marriage. Religious conservatives have been urging states to adopt state constitutional amendments defining marriage as between a man and a woman, believing that would make it harder, if not impossible, for state courts to overturn such laws. But civil libertarians and gay rights activists say such an amendment would legally entrench discrimination against a minority group. Stephen Skinner, president of Fairness West Virginia and a gay attorney, said he grew up in West Virginia and chose to move back to the Mountain State to practice law. An amendment defining marriage between a man and a woman would reinforce stereotypes about the state and discourage professionals from moving here just as it is running a campaign asking former residents to “come home” to West Virginia, he said. “What we are talking about today is whether there should be an asterisk at the end of the come home campaign,” he said. “Should you come home if you are lesbian or gay, because we really don’t want you?”

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