Free Republic

A key question after today's sweeping California Supreme Court decision striking down the state's gay marriage ban is what it means for the 48 other states that don't recognize gay marriage. If, for example, a gay married couple in California moved to Texas, would Texas have to recognize their marriage? The short answer is no. States generally are not required to recognize a marriage performed in another state if it would violate their own public policy. Of course, the U.S. Constitution provides that states must give "full faith and credit" to other state laws and judgments---which suggests that other states...

The change for this step is to get the Federal Marriage Amendment (FMA) adopted. The proposed amendment states the following: "SECTION 1. Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups." Marriage is currently considered a state issue. A number of states have passed laws protecting traditional (man-woman only) marriage, but judges in other states are giving legal...

This morning I heard that one of the other candidates commented that the Constitution is a “living, breathing document.” Frankly, I assumed this came from Senator Clinton or Senator Obama. It is identical to what Al Gore said when he was running for President in 2000, when he said he would look for judges “who understand that our Constitution is a living, breathing document, that it was intended by our founders to be interpreted in the light of the constantly evolving experience of the American people.” Imagine my surprise when I learned that this statement actually came from my opponent,...

Fred Thompson on Meet the Press, 11/4/07.

Romney Campaign Brings on Key Religious ConservativeOctober 31, 2007 David Brody CBN News Senior Correspondent Mitt Romney's campaign tells The Brody File that Bill Wichterman, who used to do conservative and religious outreach for Fred Thompson's campaign, has joined Team Romney. This is a nice "get." He'll be a part of the Faith and Values steering committee. Bill Wichterman left the Thompson campaign because Thompson DOES NOT support the federal marriage amendment. At least the version that is on the table now. Mitt Romney does support it. Wichterman liked that fit. Who can blame him? This is a guy...

THE ROMNEY VISION: CHAMPIONING A FEDERAL MARRIAGE AMENDMENT Gov. Mitt Romney Will Continue To Fight For A Federal Marriage Amendment: (PressMediaWire) - Gov. Mitt Romney Reaffirmed His Commitment To Pass A Federal Marriage Amendment At The Recent Values Voters Summit. "I will work with the people in this room, as I have for the past four years, to champion a federal marriage amendment to protect marriage as the union of a man and a woman. ... Make no mistake: a federal amendment is the only way we can protect marriage from liberal, unelected judges." (Gov. Mitt Romney, Address To The...

The Brody File is working around the clock and this time has found video of Fred Thompson talking this week to the Des Moines Register editorial board. He’s explaining his view of a federal marriage amendment. This video has not been out there before. It is now, courtesy of The Brody File. Watch it here. Part of the transcription reads: “A judge couldn’t impose this (gay marriage) state or federal unless they had the acquiescence or unless the state legislature moved on its own to put it into law. If a state chose to recognize it (gay marriage) and the...

Governor Romney on the Need for a Federal Marriage Amendment Friday, Sep 14, 2007 Governor Mitt Romney MSNBC's "Morning Joe" September 14, 2007 MSNBC's Joe Scarborough: "Do you support a national constitutional amendment to ban same-sex marriage?" Governor Romney: "Boy, I sure do. You know, that's a topic that's really, I think, very important to the country because marriage is not just about adults. Marriage is about the development and nurturing of kids, and in my view, the development of a child is enhanced by having a mom and dad. And so, I think it's very important that we have...

Speaking in Sioux City, Iowa, moments ago, Fred Thompson endorsed an amendment to the Constitution that would prevent state judges from altering the definition of marriage without the direction of their states' legislatures. Mr. Thompson has been under fire from social conservatives in recent days for refusing to support the Federal Marriage Amendment, which would define marriage in the United States as being between one man and one woman. He's said that such an amendment would conflict with his views on federalism. Along with restraining state judges, the amendment Mr. Thompson is proposing would also mandate that no state be...

In an interview I conducted this week in Iowa with presidential candidate Mike Huckabee...Read below when I asked him if Fred Thompson's decision to NOT support a federal marriage amendment will be a problem for him. "For many conservatives, this is a very critical issue…a constitutional amendment to clearly define marriage, as we did in my state when I was Governor, is something that many of us believe ought to happen at the federal level so that we put this to rest and we don't keep fighting it state by state by state or we have some federal court say...

Have you heard Fred Thompson’s position on a constitutional amendment banning gay marriage? The story is a little confusing. On Friday, he was asked the following question by CNN’s John King: King: “Would a President Fred Thompson actively push a constitutional amendment banning gay marriage? Thompson: “Yes” Watch the entire question and answer here because once you do, that yes is not really a yes. As a matter of fact, here’s what the Thompson “unofficial campaign” put out after the CNN interview: In an interview with CNN today, former Senator Fred Thompson’s position on constitutional amendments concerning gay marriage was...

Friday, August 17, 2007 Nix That [Kathryn Jean Lopez] From Team Thompson: I'm afraid CNN story you linked mischaracterized Thompson's comment on gay marriage. They've since altered the story....without noting the change. For the record, the Thompson camp has officially noted that "Fred Thompson does not support a constitutional amendment to ban gay marriage." He supports the rights of States to choose their marriage law for themselves. The Thompson camp issued this statement: In an interview with CNN today, former Senator Fred Thompson’s position on constitutional amendments concerning gay marriage was unclear. Thompson believes that states should be able to...

Bishops’ President Urges Support for a Federal Constitutional Marriage Amendment; Knights of Columbus Plan National Postcard CampaignWASHINGTON (April 3, 2006)—Bishop William S. Skylstad, President of the United States Conference of Catholic Bishops (USCCB), has written to all Catholic Bishops asking that the bishops and the people in their dioceses become involved in the effort to support a federal constitutional marriage amendment. In the letter, Bishop Skylstad also informed the Bishops that the Knights of Columbus have initiated a national postcard campaign with respect to public advocacy for the Protection of Marriage Amendment. “Today there is a growing sense shared by...

SHARONVILLE, Ohio -- If Republicans still have an ace up their sleeve in this fall campaign, it's people like Phil Burress. Mr. Burress, a thrice-married, self-described former pornography addict, is president of Citizens for Community Values, a statewide network of politically active Christian conservatives. His work here in 2004 helped turn out evangelical voters who put President Bush over the top in Ohio -- the state that made the difference between victory and defeat. This time around, Mr. Burress isn't nearly so happy with the president and his party. In fact, he can hardly say enough about how fed up...

A US politician tipped as the next US President and known to favour state power to define gay marriage laws will address the Conservative Party Conference in Bournemouth next month, according to reports. John McCain, senion Senator from Arizona, who voted against the Federal Marriage Amendment in 2004 and has been praised by gay lobby group the Log Cabin Republicans, will speak at the opening evening of the Tory annual gathering. The coup is seen as a sign that the party and leader David Cameron are being seen as viable alternatives to Labour, according to The Times Senator McCain is...

Ever since I announced my bid for the United States Presidency, I’ve been questioned about some of my more radical political opinions. Most of those questions have dealt with my proposed economic policies – for example, the abolition of the IRS and the implementation of the Fair Tax. Today, I offer an answer to questions about why I am opposed to the idea of gays adopting or teaching children. Several years ago, I began writing columns questioning the so-called gay rights movement. I prefer to call it the “gay privileges” movement because gays are not presently deprived of anything that...

SEATTLE, Washington, July 25, 2006 (LifeSiteNews.com) – Permitting same-sex “marriages” could lead to a serious loss of religious freedom, Seattle Archbishop Alexander Brunett warned Thursday in a legal brief filed in the ongoing battle over the state’s ban on homosexual “marriages.” The court hearing the case, however, rejected the brief on account of the fact that it comes over a year too late; oral arguments were heard in the state Supreme Court in March 2005. The archbishop was finally convinced to file the brief after witnessing the legalization of homosexual "marriage" in other states and its possible legal ramifications on...

The state Supreme Court upheld Washington's ban on gay marriage Wednesday, saying lawmakers have the power to restrict marriage to unions between a man and woman. The 5-4 decision leaves Massachusetts as the only state to grant full marriage rights to gay and lesbian couples. It was the latest in a series of significant court rulings favoring gay marriage opponents. Nineteen gay and lesbian couples seeking to marry had challenged the constitutionality of Washington's 1998 Defense of Marriage Act law, which limits marriage to heterosexual couples. Judges in King and Thurston counties overturned it in 2004, citing the state constitution's...

Washington Supreme Court has issued ruling upholding Washington State's BAN on Gay Marriage

MADISON, WI (AP) -- A Madison philanthropist has given $275,000 of her personal fortune to try to defeat a state ban on gay marriage and civil unions, according to a filing made public on Friday. Dale Leibowitz was the largest donor to Fair Wisconsin, the political action committee leading the charge against the constitutional amendment that appears on the ballot on Nov. 7, according to the group's campaign finance report. Other major donations to the group included $80,000 from the Human Rights Campaign, the nation's largest gay rights group, and $25,000 from the state teachers' union, the filing with the...

Losing the Marriage Debate It’s no secret that liberals hold in contempt what they regard as the provincial nature of conservatives. And I certainly would love to buy liberals for what I think they’re worth and sell them for what they think they’re worth, to paraphrase the old retort. That said, a part of me is so frustrated with my traditionalist brethren that I could almost be persuaded that the left is, in some minute measure, correct. For the sagacity reflected in our ends is matched by the stupidity of our means. And the left is quite the opposite. I...

Nurses union sues over health benefits for same-sex spouse BOSTON- The Massachusetts Nurses Association filed a federal lawsuit Thursday seeking to overturn an arbitration award that denied health insurance benefits to the same-sex spouse of a registered nurse. Maria Ciulla, a nurse who works at Merrimack Valley Hospital in Haverhill, married her lesbian partner on Oct. 1, 2005, more than a year after Massachusetts became the first state in the country to legalize same-sex marriage. A few days later, she asked the hospital to add her spouse to her Blue Cross/Blue Shield policy, but the hospital denied her request. In...

Despite recent remarks by Illinois Senator Barack Obama urging Democrats to "acknowledge the power of faith in Americans' lives" and "compete for the support of Evangelicals and other churchgoers," some pro-family religious leaders are unconvinced of Obama's sincerity. Bishop Harry Jackson, pastor of Hope Christian Church in Maryland and founder and chairman of the High Impact Leadership Coalition (HILC), calls Obama's remarks "political" and "disingenuous," referring to Obama's speech at the Call to Renewal Conference in Washington, DC, last month and an op-ed column in USA Today. Jackson believes Obama and most Democrats still see religious conservatives as narrow-minded and...

Same-sex ban looks likely to succeed, but effects debated - NASHVILLE - Campaigns are being organized on both sides of a proposed amendment to the state constitution that would forbid same-sex marriages as politicians debate whether it will have an impact on other elections. The state Supreme Court last week rejected a legal effort by the American Civil Liberties Union to block a November vote on the constitutional amendment. The opposing sides had already laid the groundwork for campaigns, but they are now getting under way in earnest. Randy Tarkington of Nashville, campaign manager for the lead organization opposing the...

WASHINGTON - The House on Tuesday rejected a constitutional amendment to ban gay marriage, ending for another year a congressional debate that supporters of the ban hope will still reverberate in this fall's election. The 236-187 vote for the proposal to define marriage as a union between a man and a woman was 47 short of the two-thirds majority needed to advance a constitutional amendment. It followed six weeks after the Senate also decisively defeated the amendment, a top priority of social conservatives. But supporters said the vote will make a difference when people got to the polls in November....

House Republicans To Vote On Amendment Banning Gay Marriage Washington D.C. (AHN) - House Republicans are going ahead to vote on a constitutional amendment to ban gay marriage. The vote is scheduled for Tuesday as part of a week in which House GOP leaders plan to focus on what they call their "American values agenda." In one of his weekly radio addresses, President Bush said changing the Constitution is necessary because "activist judges and some local officials have made an aggressive attempt to redefine marriage in recent years. Last month, the Senate was short of the 11 of the 60...

LINCOLN, Neb. - A federal appeals court has reversed a ruling that struck down Nebraska's same-sex marriage ban. The 8th U.S. Circuit Court of Appeals on Friday reversed an earlier ruling by U.S. District Judge Joseph Bataillon, who ruled last year that the measure was too broad and deprived gays and lesbians of participation in the political process, among other things. Seventy percent of Nebraska voters approved the amendment in 2000. The court said the amendment "and other laws limiting the state-recognized institution of marriage to heterosexual couples are rationally related to legitimate state interests and therefore do not violate...

Lincoln, NE - A federal appeals court has reversed a ruling that stuck down Nebraska's same-sex marriage ban. U.S. District Judge Joseph Bataillon ruled last year that the measure was too broad and deprived homosexuals of participation in the political process. The Eighth Circuit Court of Appeals today reversed that ruling. Nebraska voters approved the amendment by 70% in 2000. The Court said the amendment "and other laws limiting the state-recognized institution of marriage to heterosexual couples are rationally related to legitimate state interests and therefore do not violate the Constitution of the United States." Liberty Counsel filed a brief...

Next week the House of Representatives will be voting on the Marriage Protection Amendment, which defines marriage as being between one man and one woman. Our opponents say there is no need for this amendment because the states will do it, and they cite last week’s New York Court of Appeals decision supporting heterosexual marriage as evidence. Well, they’re wrong. Yes, the Court of Appeals in New York did uphold New York’s law limiting marriage to one man and one woman. But in holding that there was a “rational basis” for this, the New York court is swimming against the...

Connecticut Judge Rules Against Homosexual Couples' Demand for “Marriage” Title HARTFORD, Connecticut, July 13, 2006 (LifeSiteNews.com) – Homosexual couples will not be granted the right to “marry” in Connecticut, a Superior Court judge decided Wednesday, despite their possessing the same rights and protections as married couples under the state civil union law. Judge Patty Jenkins ruled against eight same-sex couples who filed suit against the state in August 2004 after being denied marriage licenses. They were seeking the right to legally marry, the Hartford Courant reported today. Judge Jenkins said Connecticut’s civil union law, which took effect in October 2005,...

It's Not all Rosy in Massachusetts, Despite Pro-Marriage Court Ruling (AgapePress) - An attorney for the American Family Association says a decision by the Massachusetts Supreme Judicial Court (SJC) will not nullify current same-sex "marriages," regardless what happens in 2008. And comments from two of the SJC justices indicate they would not be inclined to reverse their earlier decision legalizing those marriages -- even if voters were to approve a constitutional amendment protecting traditional marriage. The same Massachusetts court that legalized homosexual marriage in 2004 ruled unanimously on Monday (July 10) that a proposed amendment to the state constitution banning...

Should California law define marriage as only between a man and a woman?

New York and Georgia courts will be on the wrong side of history of gay marriage.THE HIGHEST COURTS of New York and Georgia last week moved in the opposite direction of history and justice on same-sex marriage. By a 4-2 vote, the NY Court of Appeals ruled Thursday that the state Legislature's limitation of marriage to heterosexual couples was a "long-accepted restriction" not based solely on "ignorance and prejudice against homosexuals." Adding insult to injury, an opinion signed by three of the judges in the majority ruled that it was rational for the Legislature to ban same-sex marriage in the...

Gays want rights if not acceptance I was pleased to hear the governor say that gay people are free to live their lives in Georgia. Thank goodness I don't have to leave the state after paying taxes here for 25 years. The governor left no doubt, however, that I am in fact still a second-class citizen. Despite those 25 years of tax paying and eight years with my partner, we do not have the same rights as a heterosexual couple who have been married for one day. To Gov. Sonny Perdue, the Supreme Court of Georgia, and the people who...

WHEN THE Massachusetts Legislature meets in joint session as a constitutional convention this week, the most notable item on its agenda will be a proposed amendment to ban same-sex marriage. A record-breaking 170,000 registered voters have signed petitions to put such an amendment on the state ballot. But the Massachusetts Constitution mandates a detour: The measure must first win the support of at least 50 lawmakers in two consecutive legislative terms. Only then can it be submitted to the people. If the amendment gets past every hurdle, it will reach the ballot in November 2008. It is a deliberately long...

In nearly two years since John Lewis and Stuart Gaffney took part in this city's same-sex marriage rebellion, the couple has filed three rounds of tax returns, buried a mother, vacationed in Europe and attended five weddings - four involving a bride and a groom. These are the typical joys, sorrows and rituals of couples who have been together for nearly two decades. Yet for Lewis and Gaffney, one of 4,037 pairs whose San Francisco-issued marriage licenses were invalidated by the California Supreme Court, daily domesticity also brings reminders of the legal rights they do not have and are suing...

SAN FRANCISCO - Democratic gubernatorial candidate Phil Angelides said Friday that if he unseats Gov. Arnold Schwarzenegger in November he would sign a bill legalizing gay marriage in California. Angelides talked about the issue the day after New York's high court upheld that state's one-man, one-woman marriage laws and as a California appeals court prepared to consider whether a trial judge erred in declaring the state's marriage laws unconstitutional. "I would sign the marriage equality bill because I believe if we can get behind people to build a lasting relationship, that is a good thing," Angelides said at a news...

Two rogue activist judges on lower courts in the states of New York and Georgia got the surprise slapped out of them this week. It's about time! Judge Doris Ling-Cohen of New York and Constance Russell of Georgia were sent stinging rebukes by their state's highest courts, and in cases that will be watched by other high court's in New Jersey, California and perhaps most importantly Washington. These women were given very clear lessons in judicial clarity and "We the People" rejoiced! ................... Judge Ling-Cohen knew when she issued the decision to allow marriage to be redefined in New York...

R. S. SMITH, J.:We hold that the New York Constitution does not compel recognition of marriages between members of the same sex. Whether such marriages should be recognized is a question to be addressed by the Legislature.Facts and Procedural History Plaintiffs and petitioners (hereafter plaintiffs) are the members of 44 same-sex couples. Each couple tried unsuccessfully to obtain a marriage license. Plaintiffs then began these four lawsuits, seeking declaratory judgments that the restriction of marriage to opposite-sex couples is invalid under the State Constitution. Defendants and respondents (hereafter defendants) are the license-issuing authorities of New York City, Albany and Ithaca;...

On the Virginia ballot this November 7 ....... VAforMarriage.org, http://www.va4marriage.org/index.html , is a non-partisan state ballot committee dedicated to passing a state constitutional amendment in Virginia defining marriage as the union of one man and one woman. Visit http://www.va4marriage.org/index.html and join the campaign today!

Join the campaign to pass a state marriage amendment in South Carolina this November. SCforMarriage.org, http://www.scformarriage.org, is a non-partisan state ballot committee dedicated to passing a state constitutional amendment in South Carolina defining marriage as the union of one man and one woman. Visit http://www.scformarriage.org and join the campaign today!

Taking on Governor Mitt Romney and the Catholic Archdiocese of Boston, 165 prominent business and civic leaders are publicly calling for the Legislature to reject a proposed constitutional amendment banning same-sex marriage. The group, which includes leading bankers, healthcare executives, lawyers, and leaders of the Greater Boston Chamber of Commerce, has purchased an ad in The Boston Globe that says the amendment would "take away rights." It urges lawmakers to "move on to other important issues like strengthening the economy, improving our schools, and protecting our neighborhoods." [...] The amendment needs the support of 50 lawmakers during the current and...

Breaking news. Headline only.

ALBANY -- New York's highest court ruled Thursday that gay marriage is not allowed under state law. The Court of Appeals in a 4-2 decision rejected arguments from gay and lesbian plaintiffs throughout the state that their inability to get marriage licences in New York violated their constitutional rights. Judge Robert Smith said New York's marriage law clearly limits marriage to between a man and a woman and any change in the law should come from the state Legislature.

FINAL VOTE RESULTS FOR ROLL CALL 484(Republicans in roman; Democrats in italic; Independents underlined)       H J RES 106      2/3 YEA-AND-NAY      30-Sep-2004      5:25 PM       QUESTION:  On Passage       BILL TITLE: Proposing an amendment to the Constitution of the United States relating to marriage Yeas Nays PRES NV Republican 191 27   9 Democratic 36 158   11 Independent   1     TOTALS 227 186   20 ---- YEAS    227 --- Aderholt Akin Alexander Bachus Baker Ballenger Barrett (SC) Bartlett (MD) Barton (TX) BeauprezBerry BilirakisBishop (GA) Bishop (UT) Blackburn Blunt Boehner Bonilla Bonner BoozmanBoucherBoyd Bradley (NH) Brady (TX) Brown (SC) Brown-Waite, Ginny Burgess Burns Burr Burton (IN) Buyer...

ALBANY, N.Y. - The top courts in two states dealt setbacks to the gay marriage movement Thursday, with New York's highest court ruling same-sex unions are not allowed under state law and the Georgia Supreme Court reinstating a voter-approved ban on gay marriage. In New York, the Court of Appeals said in a 4-2 decision that the state's marriage law is constitutional and clearly limits marriage to a union between a man and a woman. Any change in the law would have to come from the state Legislature, Judge Robert Smith said. "We do not predict what people will think...

Details to come.

NEW YORK (Reuters) - The New York State Court of Appeals refused to recognize same-sex marriage in a ruling issued on Thursday, saying the issue was a question for the Legislature to decide. The New York case involved 48 gay and lesbian couples who filed four separate cases seeking to overturn as unconstitutional a 97-year-old state law that defines marriage as between a man and woman. The couples claimed the law violated their constitutional rights because it defended sex discrimination. The cases were heard together by the court in Albany. "We hold that the New York Constitution does not compel...

The New York Court of Appeals ruled this morning that the state Constitution does not guarantee a right to marriage for same-sex couples, and that state lawmakers, not the courts, are better suited to consider the issue. In a 4-2 decision that has been eagerly awaited by both sides in the gay marriage debate, the court, the highest in the state's judiciary system, concluded that the legislature could have "a rational basis" for limiting marriage to heterosexual couples, in large part because of their ability to bear children. The court did not rule that the state should not or could...

Inaction aborts gay-marriage bill Lawmakers fail to agree on amendment For now, Pennsylvania will not join 20 states that have put gay marriage bans into their state constitutions. The Legislature left Harrisburg early Sunday without coming to an agreement on the wording of a proposed amendment to restrict the definition of marriage as a union between a man and a woman. Social conservatives pushed for the amendment out of fear a court might rule the state's 10-year-old marriage-protection law unconstitutional, as has occurred in other states. Such a ruling could clear the way for gay and lesbian unions. Lawmakers' failure...