Marriage
bill clears Senate committee
By Lou Baldwin
Special to the CS&T
A proposed amendment to the Pennsylvania State Constitution defining
marriage solely as a union between one man and one woman easily passed
its first legislative hurdle.
On March 18 the Senate Judiciary Committee approved by a 10-4 vote Senate
Bill 1250, which states, “No union other than a marriage between
one man and one woman shall be valid or recognized as marriage or the
functional equivalent of marriage by the Commonwealth.”
The bill, introduced by Senator Michael Brubaker (Lancaster and Bucks
Counties) and 10 cosponsors, must now go to the Appropriations Committee
before going to the full Senate, and if it should pass, to the House
of Representatives.
Local senators on the Judiciary Committee who supported the proposed
amendment were Stewart Greenleaf (R-Montgomery), John Rafferty (R-Chester)
and Mike Stack (D-Phila.).
“This is a statement that defines marriage as applicable only
to a man or a woman,” Sen. Greenleaf said. “It is not the
intention of anyone to take benefits or protections away from anyone
else.”
The Harrisburg-based Pennsylvania Catholic Conference (PCC), which represents
the Catholic Bishops of Pennsylvania, was among the strongest supporters
for the proposed amendment.
“Pennsylvanians overwhelmingly support marriage as a union between
one man and one woman,” said Robert O’Hara, executive director
of the PCC.
“It takes courage and leadership to take a stand on a controversial
issue such as the marriage protection amendment,” O’Hara
added. “The Bishops of Pennsylvania strongly believe that defending
marriage as the union between one man and one woman is best for society
and is worth protecting. Thanks to these supporters we are one step
closer to ensuring that marriage remains defined as it is — one
man and one woman.”
State constitutional amendments are not easily enacted. After clearing
the committees, the bill must be passed by both the Senate and the House
before the completion of the legislative session, which will probably
be in June. Then the entire process must be repeated in the next legislative
session, and finally it must be approved by the voters.
A similar amendment was proposed two years ago and was passed by the
House. But the Senate amended the bill before passing it. This required
it to return to the House for another vote, or a compromise version
would have to be agreed upon. Before this could happen, the legislative
session ended and the bill died.
This year’s bill, because it was introduced in the Senate first,
is believed to have a better chance of passing, O’Hara explained.
Pennsylvania already has a Defense of Marriage Act that was passed as
law in 1996 with much the same wording. Why is an amendment needed?
Actually, O’Hara explained, most other states also have similar
Defense of Marriage Acts, and 25 states have an amendment. The reason
it is necessary is because some opponents to the definition of marriage
as a union only between one man and one woman challenge the laws in
state courts, for instance, under equal protection laws.
“A judge in Iowa declared their state law invalid,” he said.
“If it is a constitutional amendment, the state judges cannot
overturn it,” O’Hara said.
Lou Baldwin is a member of St. Leo Parish and a freelance writer.