News

Log Cabin Urges House to Reject Any Anti-Family Constitutional Amendment

Amendment is a Solution in Search of a Problem

March 30, 2004

(Washington, DC) – As the House Judiciary Subcommittee on the Constitution convenes to hear testimony debating the need for an anti-family Constitutional amendment, the Log Cabin Republicans call on the House to reject any attempt to write discrimination into our Constitution. "Log Cabin Republicans and the majority of Americans oppose any attempt to write discrimination into the Constitution," said Log Cabin Republicans Executive Director Patrick Guerriero.

Today's hearing centers on the constitutionality of the Defense of Marriage Act (DOMA), passed into law in 1996. The Defense of Marriage Act, which has never been successfully challenged in any court, in any state, provides a federal definition of marriage and protects states from being forced to recognize same-sex unions celebrated in other states that are against its public policy.

"The far right wants to create a sense of crisis, to provide cover for pushing their radical and discriminatory anti-family Amendment," continued Guerriero.

Supporters of an anti-family Constitutional Amendment often point to the United States Supreme Court's decision in Lawrence v. Texas as proof the Defense of Marriage Act and state marriage laws in this country are doomed. Former Congressman Bob Barr, author of the Defense of Marriage Act, and other leading judicial scholars, argue that there is no basis for a credible challenge to DOMA, or state marriage laws, based on a Full Faith and Credit claim.

Further, the majority opinion in Lawrence makes it clear that its holding is limited in scope and is based on privacy protections. Finally, much of Justice Scalia's oft-quoted dissent, which claims marriage laws may be in jeopardy, is based on the concurring opinion of one single Justice.

"If the Lawrence decision is a guide, as many on the far right claim it is, then there is little evidence that there exists even a sizeable minority, much less a majority on the Supreme Court, that would be inclined to strike down DOMA or state marriage laws at this time," said Chris Barron, Log Cabin Republicans Political Director.

The Log Cabin Republicans urge the House to return to the work of the people. "There are real problems in America today, and our House should be committed to working to solve these problems. Our President, our legislators, and our party should be talking about taxes, the war on terror, and securing our children's future. We are already a nation at war, and our Congress should be committed to winning that war, and not helping the radical right wage a culture war on gay and lesbian families," concluded Guerriero.