ABA President Urges Senate to Reject Constitutional Amendment Banning Same-Sex Marriage
CHICAGO, July 12, 2004 – American Bar Association President Dennis W. Archer today strongly opposed any amendment to the U.S. Constitution banning same-sex marriage as unnecessary policy that tramples on the traditional authority of states to establish their own laws governing marriage and called on U.S. senators to withstand all efforts to bring the Federal Marriage Amendment to the Senate floor for a vote.
“The authority to regulate marriage and other family-related matters has resided with the states since the founding of our country and is rooted in principles of federalism. Our federal system also enables states to look to their own constitutions to define and protect the rights and liberties of all their citizens and to interpret their constitutional provisions to accord greater protection to individual rights than do similar provisions of the U.S. Constitution. Over the years, we not only have successfully tolerated the fact that state laws and judicial interpretations governing marriage are not uniform, we have benefited from it,” said Archer.
The ABA takes no position on same-sex marriage or civil unions, but supports the authority of states to regulate marriage within their borders. The association is opposed to any federal enactments that would remove this right from the states.
His comments came in the form of a letter to U.S. senators and accompanied copies of a new ABA report detailing the thousands of federal and state laws affected by same-sex marriage and civil unions. The report, An Analysis of the Law Regarding Same-Sex Marriage, Civil Unions, and Domestic Partnerships, was prepared by the ABA Section of Family Law’s Working Group on Same-Sex Marriages and Non-Marital Unions.
The report has not been approved by the ABA’s policy-making House of Delegates, and its recommendations do not represent official policy of the association or of ABA entities unless otherwise stated in the report.
“There are efforts underway to send the Federal Marriage Amendment to the Senate floor for a vote. We are staunchly opposed to the proposed amendment not only on procedural grounds but also because it tramples on the traditional authority of each state to establish its own laws governing civil marriage,” said Archer.
“We do not take a position on same-sex marriage,” said Phyllis Bossin, chair, ABA Section of Family Law. “What we’ve done is to labor diligently to produce an objective report on the legal and policy issues impacted by same-sex marriage, to assist those who practice law in the various areas that are touched by the topic, and to serve as a resource for those engaged in shaping the national debate on the issue.
“In recent months, the issue of gay marriage and same-sex unions has burst into our national consciousness, and the legal implications are enormous and far-reaching,” said Bossin. “As a leader on marital and family law issues, the Family Law Section wanted to study and report to the association and to those in the legal profession on the status and legal ramifications of recognition of same-sex marriages and non-marital unions. Our report is a useful roadmap to those considering this complex issue.”
The report outlines the federal, state and local laws that would be affected by recognition of same sex marriages in the United States. For example, the General Accounting Office has identified more than 1,000 federal rights, responsibilities and privileges that are automatically accorded to married couples, because they are married. The report also contains valuable information on developments in the law regarding sexual orientation and gender issues in the United States and in other countries, and details case law on the rights of same-sex couples to enter into marriage or civil unions.
Describing the working group and its task, Bossin said, “The working group represents practitioners from several areas of law-not only family law, but also science and technology law, real property, probate and trust law and business law-reflecting the breadth of same-sex marriage as a legal consideration.”
Archer noted that, “The Family Law Section study amply demonstrates that courts and legislatures already have enacted or issued hundreds of statutes, local ordinances and court opinions to address the myriad complex issues and ramifications arising from this relatively new public policy debate and are continuing to address the issue vigorously.”
The ABA Section of Family Law provides lawyers with education and analysis to further the development of family law and help members serve their clients competently, efficiently and professionally.
With more than 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law in a democratic society.
