Peter Sprigg

How many states have banned gay ‘marriage’?

Peter Sprigg
By Peter Sprigg
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May 24, 2012 (FRC.org) - In the wake of the passage of North Carolina’s marriage amendment on May 8, by an overwhelming 61%-39% margin, there have been a number of media reports on the state of marriage law in the fifty states, and how many states have taken action to prevent the issuances of marriage licenses to couples of the same sex. The numbers reported in these stories have sometimes been contradictory, and this may lead to some confusion. With this article, I will try to clarify where the states now stand on this issue.

First, let’s look at states that have amended their state constitutions in such a way as to prevent the legalization of same-sex “marriage” in those states. Including North Carolina, there are thirty (30) states in which the definition of marriage as the union of one man and one woman has been directly enshrined in the state’s constitution in explicit language. In these thirty states, neither the legislature nor the state courts have the power to legalize same-sex “marriage” – at least, not unless and until the people of those states vote to amend their constitutions again to repeal the current provisions.

Opponents of the marriage amendment in North Carolina made much of the fact that the amendment on the ballot included not only language defining the word “marriage,” but also additional language intended to make certain that the state would not create some sort of quasi-marital status under another name (such as “civil unions” or “domestic partnerships”) to give some or all of the traditional legal “benefits” of “marriage” to same-sex couples.

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This provision was described by opponents as though it was a radical and extreme provision unique to the North Carolina amendment. The truth is exactly the opposite–in fact, a clear majority of the states which have adopted amendments to define marriage (twenty of the thirty) have used what is sometimes called a “strong” or “two-sentence” amendment to prevent civil unions and domestic partnerships, as well as same-sex “marriage.” The North Carolina amendment represented the norm, not the exception.

The other ten states have simpler amendments sometimes described as “single-sentence,” or “definition-only” amendments, which address only the definition of civil marriage itself. (The pro-homosexual lobby “Human Rights Campaign,” which usually tracks state laws very closely, has inaccurately omitted Kansas from the list of states with “strong” marriage amendments.)

Some opponents of the North Carolina amendment argued that it could prevent even private companies from offering “domestic partner benefits,” or prevent same-sex partners from even entering into private contracts with one another. Similar charges have been made about two of the “strong” amendments already adopted, those in Michigan and Virginia. These charges are plainly false–the amendments are intended only to bind state and local governments, not private entities (Virginia’s amendment refers explicitly to “this Commonwealth or its political subdivisions”).  North Carolina’s amendment language closely resembles that of Idaho, and added language in the Michigan and Virginia amendments was intended to forestall any effort to evade the amendment’s intent, which was to ensure that same-sex relationships would not be treated as equivalent or comparable to opposite-sex marriages in any way under the law.

Although thirty states have amended their constitutions to define marriage as the union of a man and a woman, there are actually thirty-one states that have amended their constitutions in an effort to prevent same-sex “marriage.” The thirty-first (in this analysis) was actually one of the first chronologically. The prospect of legalizing same-sex “marriage” was not taken very seriously until the early 1990’s, when a court in Hawaii gave indications that it might be the first to order legalization of same-sex “marriage.”

The people responded by amending their constitution–but the Hawaii amendment did not actually place a definition of marriage in the text of the constitution. Instead, the Hawaii amendment reserved to the legislature the power to define marriage as the union of one man and one woman (which they did, by statute). So in Hawaii, like the other states with marriage amendments, state courts have no power to change the definition of marriage. However, unlike the other thirty states, Hawaii has left the legislature with the freedom to legalize same-sex “marriage,” if they should choose to do so. (In my writings, I have usually not counted Hawaii’s as a true marriage amendment because it did not fix the definition of marriage in the constitutional text. However, it certainly counted as a victory in the fight to prevent redefinition of marriage.)

That brings us to 31; but you may also have heard pro-family spokesmen declare that after North Carolina, “32 out of 32 states that have voted on the issue have voted to uphold the definition of marriage as the union of a man and a woman.” Where do they get 32?

In 2009, Maine’s legislature passed a bill to legalize same-sex “marriage.” However, opponents of the bill were able to place it on the ballot, and before it ever took effect, the voters repealed it in a referendum sometimes referred to as a “people’s veto.” This was another victory for one-man-one-woman marriage, but it did not amend the state’s constitution—it merely removed the statutory language adopted by the legislature. (Because Maine does not have an actual marriage amendment, advocates of same-sex “marriage” there–apparently believing that public opinion has shifted in their favor since 2009–have been pushing for another referendum to restore same-sex “marriage.”)

To further confuse things–while the pro-family claims of a 32-state winning spree at the ballot box are accurate, this does not mean that traditional marriage has won every time marriage has been on the ballot. There is one state, Arizona, which has voted on marriage amendments twice. The first time, in 2006, voters weighed in on a proposed “strong” or “two-sentence” amendment which would have prevented the state from establishing “civil unions” or “domestic partnerships” as well as same-sex “marriage.” This amendment was defeated–ironically, because opponents drew attention to its potential impact on opposite-sex couples, not same-sex ones. (Social Security imposes an unfortunate marriage penalty upon widowed recipients of survivor benefits if they choose to marry again. This has provided an incentive for some seniors–a significant population in the popular retirement state of Arizona–to cohabit rather than re-marry, and some states and localities have taken this into account by creating “domestic partnerships” for same-sex couples and opposite-sex seniors.) In 2008, however, voters adopted a revised, one-sentence, definition-of-marriage-only amendment, thus placing Arizona ultimately in the victory column.

There is one additional state-wide referendum that could be counted as a 33rd victory at the polls for the man-woman definition of marriage–even though the word “marriage” did not appear on the ballot. I refer to the 2010 judicial retention election in Iowa, in which three of the state Supreme Court justices who had voted to impose same-sex “marriage” on that state in 2009 were removed from office. This was unprecedented in the history of the state, and few observers doubt that the marriage case was the reason for it.

The 30—or 31—states with some form of “marriage amendment” should not be considered the only ones that have acted to protect the definition of marriage, however. Only six states (plus the District of Columbia) currently grant marriage licenses to same-sex couples, so the number of states which define marriage as the union of a man and a woman is currently 44, not just 30.

In two of those states (Washington and Maryland), the legislatures this year voted to legalize same-sex “marriage,” but those laws have not taken effect, and pro-family forces in both states are attempting to place the issue on this November’s ballot in hope of achieving a “people’s veto” like the one that occurred in Maine. Even with Washington and Maryland excluded based on a pending change in their laws, the number of states that define marriage as the union of a man and a woman is 42, not just 30.

We in the pro-family movement do not consider the social institution of marriage to be inherently stronger in states which have defined it as the union of a man and a woman in the constitution than in states which have such a definition by statutory or common law. Marriage is not stronger there–merely safer, in that an amendment has the political and legal effect of making a redefinition of marriage more difficult and thus less likely in that state in the future. Researchers wanting to compare states on the issue of same-sex “marriage” should compare the 42 (or, for the time being, 44) states without it to the six states which have it–rather than comparing the thirty (or 31) states with amendments to the 19 or 20 without them.

So in conclusion, let’s walk through the numbers again:

Number of states in which the state constitution prevents legal recognition of same-sex “marriages,” “civil unions,” or “domestic partnerships”:    20

They are:

Alabama       2006

Arkansas       2004

Florida         2008

Georgia         2004

Idaho           2006

Kansas         2005

Kentucky       2004

Louisiana       2004

Michigan       2004

Nebraska       2000

North Carolina 2012

North Dakota   2004

Ohio           2004

Oklahoma     2004

South Carolina 2006

South Dakota   2006

Texas           2005

Utah           2004

Virginia       2006

Wisconsin       2006

Number of states in which the state constitution defines civil “marriage” as the union of one man and one woman:        30

To those above, add:

Alaska         1998

Arizona         2008

California       2008

Colorado       2006

Mississippi     2004

Missouri       2004

Montana       2004

Nevada         2002

Oregon         2004

Tennessee     2006

Number of states which have amended their state constitutions to prevent legalization of same-sex “marriage”:  31

To the states above, add Hawaii amendment (1998) reserving the definition of marriage to the legislature

Number of states in which voters have upheld the definition of marriage as the union of one man and one woman in a statewide referendum:  32

To the states above, add Maine’s “people’s veto” (2009) of same-sex “marriage” legislation

Number of states where voters have, either explicitly or implicitly, rejected the legalization of same-sex “marriage”:  33

To the states above, add Iowa’s judicial retention election (2010), removing state Supreme Court judges who voted to impose same-sex “marriage”

Number of states where marriage remains the union of a man and a woman under state law:  42

Number of states which currently (May 2012) grant marriage licenses only for unions of one man and one woman:  44

Includes Washington and Maryland, where same-sex “marriage” legislation has been enacted but not yet taken effect.

Reprinted with permission from FRCblog.com


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Medical staff arrested in India after accidentally aborting baby at 8 months

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By Thaddeus Baklinski

A doctor and a nurse at a prominent private hospital in India have been arrested after they allegedly administered abortion drugs to a eight-months pregnant accidentally, resulting in the death of her unborn child.

"We have immediately registered a case and arrested the doctor, whose negligent act has caused this," said South Jammu Superintendent of Police Rahul Malik, according to the Hindustan Times.

The woman's husband, Rakesh Sharma, told the paper that the doctor mistook Shruti Sharma for another patient who was scheduled for an abortion at the JK Medicity Hospital in Jammu on Friday afternoon.

Shruti had gone to the hospital after her gynecologist advised a routine medical examination to safeguard her and her baby's health.

Rakesh alleged that the doctor gave his wife the abortion pills without consulting her medical records. “Doctors and paramedical staff instead of administering glucose, gave her abortion medicine, which was actually meant for another patient,” he said.

"It is the worst case of negligence. I feel strongly that such hospitals should be closed. If this has happened to me today, tomorrow it can happen to any body else," Rakesh said.

While the JK Medicity's administration said it has launched an inquiry into the incident, a report from the Jagran Post stated that the district government has revoked the hospital's license.

"Jammu and Kashmir Government has ordered sealing of the private clinic after suspension of its license to operate in the wake of the incident," said Minister for Health and Medical Education Taj Mohiuddin according to the report.

National media have reported that the incident has brought illegal abortion practices in India to the attention of both the public and government officials.

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According to the Medical Termination of Pregnancy Act, abortion is legal in India up to 20 weeks. However, the opinion of a second doctor is required if the pregnancy is past its 12th week, and abortion-inducing drugs such as mifepristone and misoprostol are allowed only by prescription up until the seventh week of pregnancy.

Moreover, abortions can be performed only in government licensed medical institutions by registered abortionists.

Indian Express reported that the accused in the incident, Dr Amarjeet Singh, practices ayurvedic medicine (traditional Hindu medicine) and is "unsuitable for carrying out abortions."

A video posted by IndiaTV shows the parents surrounded by family members and relatives at a protest outside the JK Medicity hospital where the group is demanding punishment for those involved in the death of the child.


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News editor fired for criticizing ‘gay Bible’, files complaint

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By Kirsten Anderson

The former editor-in-chief of Iowa’s Newton Daily News has filed a religious discrimination complaint after he was fired over a post on his private blog criticizing the pro-gay Queen James Bible.

The Bible revision was produced by homosexual activists who claim to have edited the eight most commonly cited verses against homosexual behavior “in a way that makes homophobic interpretations impossible.”

On his private blog, which has since been deactivated, Bob Eschliman wrote in April that “the LGBTQXYZ crowd and the Gaystapo” are trying to reword the Bible “to make their sinful nature ‘right with God.’”

After public outcry from homosexual activists, Shaw Media, which owns the paper, fired him on May 6.

In a statement the day of his firing, Shaw Media President John Rung said Eschliman’s “airing of [his opinion] compromised the reputation of this newspaper and his ability to lead it.”

“There will be some who will criticize our action, and mistakenly cite Mr. Eschliman’s First Amendment rights as a reason he should continue on as editor of the Newton Daily News,” Rung said.  “As previously stated, he has a right to voice his opinion. And we have a right to select an editor who we believe best represents our company and best serves the interests of our readers.”

Rung said the company has a duty “to advocate for the communities we serve” and that “to be effective advocates, we must be able to represent the entire community fairly.”

Eschliman, who has been writing professionally since 1998 and became editor-in-chief of the Newton Daily News in 2012, says that the company was aware of his personal blog when he was hired and never indicated it would be a problem for him to continue sharing his personal political and religious views.

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In his religious discrimination complaint against the company, filed with the Equal Employment Opportunity Commission (EEOC), he says that he believes he was singled out for termination because of his Christian views concerning homosexuality and same-sex “marriage.”

“As a lifelong writer, I have maintained a personal blog on the Internet with some personal thoughts and writings,” Eschliman wrote. “Newton Daily News, my employer, never had a policy prohibiting personal blogging, Twitter, Facebook, or any other social media. In fact, my employer encouraged us to engage in social media on a personal level and I am aware of several employees of Newton Daily News who continue to blog and are still employed with Shaw Media.”

“There is no question that I was fired for holding and talking about my sincerely held religious beliefs on my personal blog during my off-duty time from the comfort of my own home,” Eschliman wrote. “Shaw Media directly discriminated against me because of my religious beliefs and my identity as an evangelical Christian who believes in Holy Scripture and the Biblical view of marriage.

“Moreover, Shaw Media announced that not only were they firing me based upon my religious beliefs, but that they would not hire or allow anyone to work at Shaw Media who holds religious beliefs similar to mine, which would include an automatic denial of any accommodation of those who share my sincerely held religious beliefs,” he added.

Neither Shaw Media nor the Newton Daily News have been willing to provide further comment to the press on the matter, citing pending litigation.

Matthew Whitaker, an attorney with Liberty Institute who is assisting Eschliman with his complaint, said the law is on his client’s side.

“No one should be fired for simply expressing his religious beliefs,” Whitaker said in a statement. “In America, it is against the law to fire an employee for expressing a religious belief in public.  This kind of religious intolerance by an employer has no place in today’s welcoming workforce.”

According to Whitaker, if the EEOC rules in Eschliman’s favor, Shaw Media could be forced to give him back pay, front pay, and a monetary settlement.


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If you find this filthy book in your home, burn it

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By Jonathon van Maren

I don’t believe in book-burnings, but for the 50 Shades of Grey Trilogy, I’ll make an exception. I prefer charred books to scarred people.

The 50 Shades of Grey Trilogy, for those of you living outside “civilization,” is a repulsive and poisonous stack of porn novels that celebrates the seduction and manipulation of an insecure girl by a powerful businessman who happens to like spending his recreational time engaging in what is now popularly known as “BDSM.” For those of you who are fortunate enough never to have heard of this glorification of sexual assault, the acronym stands for bondage, domination, sadism, and masochism. In 50 Shades of Grey, the man in question inflicts all sorts of pain on the girl, because he is a sadist, which used to be a bad thing. (How utterly confusing it is to see the “feminists” of Planned Parenthood and elsewhere celebrating this phenomenon—wasn’t domination something they sought to subvert? Didn’t bondage used to be something one wanted to be freed from? And sado-masochism—I could vomit.) And now this trash has been developed into a film, the trailer of which is all over Facebook.

50 Shades of Grey and the new “BDSM” phenomenon are nothing more than the celebration of pain, rape, and destruction.

A lot of people seem to be taken with these books, especially based on the number of people I’ve seen unashamedly reading it at airports. These porn novels are “hot,” many reviewers tell us confidently. Yes, hot as Hell and halfway there, I think.

Consider this, for just a moment: In a culture where broken families are often the norm, we have a generation of girls often growing up without fathers, never receiving the paternal love and affection that they need. Thus the famous “Daddy Issues” that so many comedy sitcoms repulsively mock, as if hurting girls seeking love and affection in all the wrong places is some sort of joke. Conversely, boys are also growing up without fathers, never having a positive male role model in the home to teach them how to treat women with love and respect. And what is teaching them how to treat girls? At an enormous rate, the answer is online pornography, which increasingly features vicious violence against girls and women. The average first exposure of boys to pornography is age eleven. It is an absolutely toxic mess—insecure and hurting girls seek love from boys who have been taught how to treat them by the most vicious of pornography.

Introduce into this situation a book, written by a woman, glorifying the idea that girls should expect or even enjoy pain and torture inside of a sexual relationship. How does a girl, insecure and unsure, know what to think? The culture around her now expects her not to need a safe relationship, but a “safe word” to employ in case her sadist partner gets a bit too carried away in the pain-making. Boys who might never have dreamed of asking a girl to subject herself to such pain and humiliation are now of course emboldened to request or even expect this fetishized sexual assault as a matter of course in a relationship. After all, much of pornography now features this degradation of girls and women, and a woman wrote a book celebrating such things. It might seem sadistic and rapey, but hey, sexual freedom has allowed us to celebrate “bondage” and sexual liberation has allowed us to liberate our darkest demons from the recesses of our skulls and allow them out to play in the bedroom. Boys used to get taught that they shouldn’t hit girls, but now the culture is telling them that it’s actually a turn-on.

I genuinely feel sorry for many teenage girls trying to navigate the new, pornified dating landscape. I genuinely feel sorry for the legions of fatherless boys, exposed to pornography before they even had a chance to realize what it was, enfolded by the tentacles of perverted sexual material before they even realize what, exactly, they are trifling with. It brings to mind something C.S. Lewis once wrote: “Wouldn't it be dreadful if some day in our own world, at home, men start going wild inside, like the animals here, and still look like men, so that you'd never know which were which.”

50 Shades of Grey and the new “BDSM” phenomenon are nothing more than the celebration of pain, rape, and destruction. Find out if the “sex educators” in your area are pushing this garbage, and speak out. Join campaigns to make sure that promotion of this filth isn’t being funded by your tax dollars. And if you find these books in your home, burn them.


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