Tuesday, October 31, 2006

More on SC Constitutional Amendment Question 1.

estaminet asked: "Is your proposed amendment worded like ours [Virginia's], i.e. so vaguely that it threatens many other issues, like legal recourse for victims of domestic violence, etc.?"

Thanks for asking! You bet it is!

Here is how the question will appear on the state ballot:
Question 1

1. Must Article XVII of the Constitution of this State be amended by adding Section 15 so as to provide that in this State and its political subdivisions, a marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized; that this State and its political subdivisions shall not create, recognize, or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated; that this amendment shall not impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State; and that this amendment shall not prohibit or limit the ability of parties other than the State or its political subdivisions from entering into contracts or other legal instruments?

Yes []

No []

Explanation of above:

This amendment provides that the institution of marriage in South Carolina consists only of the union between one man and one woman. No other domestic union is valid and legal. The State and its political subdivisions are prohibited from creating or recognizing any right or claim respecting any other domestic union, whatever it may be called, or from giving effect to any such right or benefit recognized in any other state or jurisdiction.

However, this amendment also makes clear it does not impair rights or benefits extended by this State, or its political subdivisions not arising from other domestic unions, nor does the amendment prohibit private parties from entering into contracts or other legal instruments.

As Uncle Zoloft has noted, here are a few things that the so-called explanation does not mention:
> South Carolina will directly violate one of the bedrocks of our Constitution and country, "equal protection under the law."

> South Carolina same-sex couples and their children will be relegated to second class citizens and denied rights accorded to every other South Carolinian.

> Government will tell state institutions and private corporations that they may not offer benefits to same-sex couples and their families.

> South Carolina will directly violate "the full faith and credit" clause of the Constitution. Same-sex couples who have been married in Massachusetts or another country will find their legally recognized marriages nullified in our state.

>Common law marriage will be eliminated.

> Domestic violence laws, protections and support systems will fail to include same-sex couples.

And as Walter Ezell pointed out in today's G-ville News, "It will complicate matters for the state's universities, in outlawing benefits for same-sex partners of the universities' employees."

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