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ACLU Urges Northern California Congressional Delegation to Oppose Un-American Marriage Amendment

Proposal Would Write Discrimination, Against Gays and Lesbians, Into the Constitution

For Immediate Release: January 24, 2004

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SAN FRANCISCO - Responding to President Bush’s official endorsement today of a constitutional amendment to deny marriage rights to same-sex and unmarried couples, the American Civil Liberties Union of Northern California urges the northern California congressional delegation to vote no on the amendment. The proposed constitutional amendment would not only ban civil unions but could completely deny a broad range of government benefits to unmarried couples, be they gay or straight. In California, the proposed amendment could have disastrous consequences for the domestic partnership laws already enacted in California.

“This amendment, if adopted, would not only ban marriage between same-sex couples but could wipe out most of the protections, for same-sex couples, that have taken decades to achieve,” said Dorothy Ehrlich, executive director of the ACLU-NC. “Today we look back, almost disbelieving, on the time when many Americans did not tolerate marriage between Catholics and Protestants, between whites and blacks. But if this proposed constitutional amendment were to pass, it would enshrine discrimination, against gays and lesbians, into the U.S. Constitution.”

The proposed amendment could undermine state domestic partnership, adoption, foster care and kinship care laws. It could deny all unmarried couples -- regardless of sex -- all legal protections for their relationships by overriding any federal or state constitutional protections and federal, state and local laws. In many states, unmarried persons - including unmarried relatives, heterosexual couples, and even unrelated clergy members -- have the same rights as married persons to jointly adopt or provide foster care or kinship care.

"San Francisco City Hall has married more than 3200 same-sex couples and continues to issue marriage licenses. If passed, this proposed amendment, would take their marriage licenses away,” said Bob Kearney, Associate Director of the ACLUNC. “And it would deny future same-sex couples the right to legally marry, denying them pensions, health insurance, hospital visitations, and inheritance rights that other married couples enjoy. We must end this discrimination now and stop this amendment from becoming law.”




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