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Should W.Va. constitution discriminate against same-sex couples?

by: Clem Guttata

Tue Jul 14, 2009 at 07:37:05 AM EDT


Should the W.Va. constitution discriminate against same-sex couples? That's the question before the West Virginia legislature Joint Judiciary Subcommittee A today.

Hearing on Marriage
Who: Joint Judiciary Subcommittee A
When: Tuesday, July 14, 2009 11am to 1 pm
Where: Senate Judiciary Committee Hearing Room
What: A hearing to consider whether West Virginia's constitution should be amended to discriminate against same-sex couples
The hearing is OPEN TO THE PUBLIC, although there will be no public testimony during the hearing.

Alison Knezevich reported last week the hearing will include a diversity of perspectives:

Family Policy Council of West Virginia President Jeremiah Dys and a representative of the Alliance Defense Fund -- a conservative organization that says it seeks to "aggressively defend religious liberty" -- will speak in favor of the amendment, Dys said.

"We're thankful that the Legislature is setting aside time to carefully study this issue," he said. "To my knowledge, this is the first time the West Virginia Legislature has ever officially discussed the Marriage Protection Amendment."

Fairness West Virginia board President Stephen Skinner and a representative of the ACLU of West Virginia will speak against a constitutional amendment, Skinner said.

"I think it's important to get out there and have some of these conversations in a public way," Skinner said. "Lesbian and gay people are not threatening quote-unquote traditional marriage."

Skinner said public opinion -- particularly among Americans under age 30 -- is rapidly shifting toward acceptance of same-sex marriage. He added that West Virginia already has a Defense of Marriage Act, which prohibits the state from recognizing gay marriages performed elsewhere.

"We shouldn't be wasting our money trying to ban something in West Virginia that's already banned under statute," Skinner said.

Check for updates during the day by Stephen Skinner via twitter.

For further updates on this story, join the Facebook Group Fairness WV. To support marraige equity in West Virginia, join http://www.fairnesswv.org.

Update: Just noticed this commentary by Hoopy Kercheval on marriage equity. He doesn't quite support full "marriage" rights, but all but advocates for civil unions.

I give him credit for taking a long view on the subject:

The acceptance and rejection of homosexuality has ebbed and flowed over time and through cultures.  

[snip]

Christianity's more recent view of homosexuality is bifurcated; Conservatives cite Biblical passages identifying it as an abomination, while more liberal strains preach tolerance and inclusion.

[snip]

But homosexuality is not just something some people "do," it's about who they are; it's about their core identity more than their sexual preference.  To deny people their sexual nature is to deny them their true being.

The natural progression of that argument is that same sex couples should be allowed to marry, but I pull up short here. The term "marriage" is culturally rooted in the mores that define the traditional family.

Some form of legal recognition of same sex couples seems reasonable, though I realize even that invites vigorous arguments from straights and gays.

I don't think we need a Constitutional Amendment defining marriage, but I do think we could use a crash course in the importance long-term, committed relationships in maintaining healthy, productive families.

Amen.

Neither my marriage nor my faith is threatened in any way by the existence of same sex couples. To think it could be otherwise speaks volumes to the poverty some must feel about their own relationships.

Clem Guttata :: Should W.Va. constitution discriminate against same-sex couples?
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Constitutionalized Discrimination? (4.00 / 1)
This is, as the press indicates, a Republican initiative. Why on earth, with a Democratic majority, is the legislature giving it this much credence? It looks like some of our "leadership" team members are truly confused about our Party platform.

Plus, I do not understand why any lawmakers would allow themselves to be caught up in this foolish exercise when we have any number of real crises in need of our focus.
Health care, jobs, economy, education all could benefit from this effort and time far more than "marriage" which does not seem to be under any more threat now that it was in the past.

And by the way, when does this new version of the "Family Only As WE See It" group plan to focus its attention on the very real problems of parenting and children and divorce among us heterosexuals? I'm guessing they have no intentions of addressing any of the real "Family" issues at all.

I can hear the rustling of scorecards.....sickening.


economics of diversity (0.00 / 0)
Diversity is good for the economy. So, someone might ask the "family as WE see it" group why they are so intent on damaging the economy of West Virginia? How's that going to help anyone, no matter what their family form?

[ Parent ]
Last I checked, H. Truman Chafin (D-Mingo) was chairman of the Senate Judiciary. (4.00 / 1)
And that's where they're scheduled to hold the meeting.

Since he's also WV's Senate Majority leader, I'd say he's pretty much the one responsible for "fitting in" that meeting.

Although Chafin has run for years on the Democratic party ticket, in my estimation he's handing the opponents to progressive issues a political bludgeon with this hearing.

Just how "conservative" is Truman Chafin?

According to the Huntington Herald Dispatch, WV lawmakers could have easily stepped in and changed the recusal process and forced WV Supreme Court justice Brent Benjamin to recuse himself from the controversial case involving Benjamin's political benefactor. And in past attempts to fix the recusal process, majority leader Truman Chafin revealed his own prejudice.

TWICE.

Sen. Chafin had actually successfully pushed recusal legislation through the Senate before, but it was regarding his own child custody case. Although it passed, it was vetoed by then Gov. Caperton.

The next time it came up, instead of introducing a bill to fix the recusal process to force Blankenship's traveling pal Monte Carlo Maynard "spiked", Senator Chafin hosted a fundraiser for Spike's re-election. One can but wonder if Benjamin's buddy Blankencheck sent his "warm regards" to Chafin's fundraiser as well.

Photobucket

BTW I snapped a photo right after the unveiling  (warning -its a pretty large file in case someone wants to print it out and send it to him). Chafin reportedly had the old statue of Lincoln hauled off to a Massey landfill over near Matewan.


[ Parent ]
Chafin is not, actually (0.00 / 0)
Senator Jeff Kessler is the Chairman of Senate Judiciary and has been for quite some time. Senator Kessler along with his House counterpart Delegate Carrie Webster have done everything in their power to see that this debate has no traction.

I believe Senator Kessler called this committee hearing for two reasons:

1) As a candidate for governor, he does not want to be perceived as silencing a particular group no matter how outrageous or ferocious their behavior.

2) It takes some of the heat off of Delegate Webster and Delegate Fleischauer. The "Christian" attacks on them were particularly vile this session --- just ask any staffer in their offices.

3) It puts Jeremiah Dys and his ADF counterpart in the spotlight to expose their lunacy on this issue.


[ Parent ]
I appreciate the input and apologize for the outdated info regarding Chafin's judiciary chair (0.00 / 0)
But I stand by my opinion that Chafin is a coal fired right wing conservative whose leadership has proved embarrassing to West Virginia and the Democratic party, not to mention his Mingo County constituents.

Chafin's actually a real upstanding guy when it comes to pimping mountain top removal. And the right wing West Virginians for Life ("WVFL") PAC apparently loves him as well, another bogus "holier-than-thou" outfit (similar to the WV Family Policy Council and Blankenship's own "And For The Sake Of The Kids" outfits in that to my knowledge none have ever turned a finger to help WV's poor and needy). The WVFL was heavily backed by Don Blankenship to blindside Anne Barth when she ran against Shelley Capito by leafleting car windows on the Sunday before the election which scored Capito, Chafin, and Manchin all highly as the group's pick for respective political offices.

The reason I feel the WV FL PAC is a bogus front organization for Big Coal candidates is because they improperly scored Capito on their propaganda regarding categories where her position was exactly the same as her challenger's, thus unfairly depicting Capito as a clear choice for their targeted single issue "right to life" voters.


[ Parent ]
Do not forget Brent Boggs (0.00 / 0)
From what I hear, the House Majority Leader Brent Boggs (D-Braxton) is rather anti-gay. Why else do you think he and Speaker Thompson killed SB238?

Anyone know why Governor Manchin is so typically silent on these issues?  


[ Parent ]
I used this passage from Paul's letter to Titus during the Sanford/Ensign Affairs, and it applies here also: (4.00 / 1)
2) To speak evil of no man, to be no brawlers, but gentle, shewing all meekness unto all men.

3) For we ourselves also were sometimes foolish, disobedient, deceived, serving divers lusts and pleasures, living in malice and envy, hateful, and hating one another.

4) But after that the kindness and love of God our Saviour toward man appeared,

5) Not by works of righteousness which we have done, but according to his mercy he saved us, by the washing of regeneration, and renewing of the Holy Ghost;

Whether or not one believes in the Bible, this is pretty good advice, and conservatives should hear it often.


we are a nation of minorities....... (4.00 / 2)
.....therefore, a threat to the rights of one minority is a threat to the rights of all.  

during our testimony yesterday, i made sure to point out that amending a constitution, any constitution, to disenfranchise rights is a 180 degree departure from the traditional use of Constitutions as documents that endow rights to people.  

some more in depth coverage of my remarks can be found here:

http://www.register-herald.com...

Individual rights belong to everyone, regardless of the popular opinion of the day.  allowing a majority, any majority, to have decision making powers over the rights of minorities is tyrannical and not in line with the principles our democracy was founded upon.  


Thank you. (4.00 / 1)
I tried to get down there to show some support but I couldn't manage it.

[ Parent ]
Constitutionalized Discrimination? (4.00 / 1)
Chafin voted for SB 238, so let's not get our issues confused, however important each one is.
And if Thompson runs any harder for governor, he will be a very, very lame duck Speaker. Boggs is the source on this issue and, as Majority Leader, he won't quit. He will aspire to be Speaker when Thompson makes up his mind what he wants to be. This is what passes for leadership on social issues now, folks. It's got to change or we will lose on this and other issues.
Global statistics indicate that the fastest growing religious population on earth is Muslim. If we continue on the path of allowing constitutional amendments for social issues based on "religion" like discrimination of gays, well, just imagine the possibilities.
The people who think this is a good idea now could very well be opening the door to their own demise. While that may make us feel smug for, oh 5 seconds, it is far too dangerous a premise to allow. The quiet ones will have to step up and speak out, now.
I was raised in the church as much as any of the "Family Only as WE See It" crowd and none of this hateful discrimination was EVER discussed, let alone promoted.
Shame on those who preach this hate.
Church marquis seen THIS WEEK: "Hate Is Not a Family Value."

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