Pennsylvania legislators are debating putting a state constitutional amendment banning same-sex marriage on the ballot by 2009 — a possible move to tap into conservative voting energy, say some watching the state that has proven important in recent presidential elections.
Sen. Michael Brubaker, a Republican representing a largely rural district in southeastern Pennsylvania, proposed the amendment Feb. 6; a similar bill stalled in a Republican-controlled legislature in 2006 when the House and Senate passed conflicting drafts of a bill to ban same-sex marriage.
The Rev. Steven Baines, interfaith outreach director for People for the American Way, a civil liberties and rights organization, said the political climate in Pennsylvania has changed during the last two years.
“The Republican Party is now in minority, and they do not have strong proponents of this amendment in leadership,” Baines said.
Baines said he believes Brubaker’s motives for reintroducing the bill this year are political.
“It’s no surprise that they would try to put this issue in the state legislature during an election year in a state that has been seen as a swing state in the last few presidential elections,” he said. “It’s a way to mobilize and energize the far right.”
Baines said factors beside sexual orientation weigh heavily on the sanctity of marriage, and legislators are not preserving the institution through attempts to ban same-sex marriage.
“Other factors bear more stress on marriages, such as economics, lack of health care, stress on the working class,” Baines said. “If they really are concerned about the institution of marriage as they say they are, they should be putting more effort into these issues.”
The legislation proposed by Brubaker would make Pennsylvania one of more than 20 states to ban same-sex marriage. Nine states recognize same-sex unions, and Massachusetts is the only state to call civil unions “marriage” and legally treat same-sex marriages the same as heterosexual marriages.
In 1996, Congress as well as the Pennsylvania legislature passed “defense of marriage” acts defining marriage as a civil contract between a man and a woman. Brubaker said rulings issued by states’ courts since then nullify the law.
Brubaker said he is introducing the bill to protect marriage and voters’ rights.
“While [the bill] would simply reiterate existing state law, the constitutional amendment process ultimately puts the power in the hands of the people,” Brubaker said in a statement.
To amend the state’s Constitution, the House and Senate must approve identical bills twice over two successive years. Voters must then approve the language in a statewide referendum. If Brubaker’s measure passed the legislature this year, the soonest a ballot question could appear would be 2009.
Christopher Craig, legal counsel for Pennsylvania Sen. Vincent Fumo, a Democrat, said same-sex marriages are not a threat to the institution of marriage. He called the bill a “particularly unnecessary and rather divisive, mean-spirited initiative with no real legislative priority.”
“Any advocate for this will have to make a much better case for why we are going to restrict the rights of those who have a different sexual orientation,” he said. “Usually the Constitution is supposed to be an empowering document, not a restrictive one.”
According to the 2000 Census, Pennsylvania is home to almost 24,000 same-sex, unmarried partner households, or .8 percent of all coupled households in the state.
“We wouldn’t think [approval of this bill] would label Pennsylvania as progressive or as a state that’s open to minorities,” Craig said. “It wouldn’t reflect well on the commonwealth’s perception.”