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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‘It’s another boy!’: 4th video goes into heart of Planned Parenthood fetal body parts lab

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By Pete Baklinski

Urgent: Sign the petition demanding that Congress investigate and defund Planned Parenthood here

July 30, 2015 (LifeSiteNews) – Workers in a lab are seen sorting through body parts on a dish: a heart, stomach, kidney, and legs.

And then a medical assistant suddenly announces: "It's another boy!"

This is just a little of the macabre and heart-wrenching footage in the newest undercover video showing alleged harvesting and sale of body parts from aborted babies by Planned Parenthood, released Thursday morning.

The newest video also shows a Planned Parenthood medical director negotiating a fetal body parts deal while agreeing to prices for harvested parts, and suggesting ways to avoid legal consequences.

"For anyone with a conscience, the video's entire fetal organ scene is wrenching -- to the gut as well as the heart. It hearkens us back to the days of Joseph Mengele or Kermit Gosnell, who both coldly killed and dissected children without remorse," said Operation Rescue President Troy Newman, in a press release.

The video takes the viewer into Planned Parenthood of the Rocky Mountains, where Vice President and Medical Director Dr. Savita Ginde discusses with actors posing as representatives from a human biologics company a potential partnership to harvest fetal organs.

When one of the actors posing as a buyer asks the doctor if “compensation could be specific to the specimen?” Ginde agrees. As the camera travels to the abortion clinic’s pathological laboratory to reveal the aftermath of a real abortion of a baby boy, Ginde tells the buyer that the abortion clinic would rather receive payment per body part harvested, rather than a standard flat fee for the entire case.

“I think a per-item thing works a little better, just because we can see how much we can get out of it,” she is heard saying on the video.

Planned Parenthood hit national headlines last month after undercover videos released by the pro-life group Center for Medical Progress (CMP) showed top officials from the nation’s largest abortion provider discussing the sale of body parts harvested from babies aborted at their facilities. Those behind the undercover videos say that selling the body parts for profit is a violation of federal law.

Yesterday, the California Superior Court issued a narrow temporary restraining order preventing CMP from releasing further undercover video footage involving top-level staff of StemExpress, the company that purchases the body parts from Planned Parenthood. 

Project Lead David Daleiden is using the fourth video to call for an immediate ending to Planned Parenthood’s funding.

“Elected officials need to listen to the public outcry for an immediate moratorium on Planned Parenthood’s taxpayer funding while the 10 state investigations and 3 Congressional committees determine the full extent of Planned Parenthood’s sale of baby parts.”

“Planned Parenthood’s recent call for the NIH to convene an expert panel to ‘study’ fetal experimentation is absurd after suggestions from Planned Parenthood’s Dr. Ginde that ‘research’ can be used as a catch-all to cover-up baby parts sales. The biggest problem is bad actors like Planned Parenthood who hold themselves above the law in order to harvest and make money off of aborted fetal brains, hearts, and livers,” he said. 

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"It really stretches credibility to say that Bush or his people wouldn’t have known that the foundation pushes abortion and other population control efforts," said Stephen Phelan of HLI Andrew Cline / Shutterstock.com
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Jeb Bush was director of philanthropy that gave tens of millions to Planned Parenthood

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By Ben Johnson

Analysis

NEW YORK, July 30, 2015 (LifeSiteNews) - Until the eve of his presidential campaign, Jeb Bush was director of a philanthropy that gave tens of millions of dollars to Planned Parenthood and financed its advocacy of "unrestricted access to abortion" around the world. The charity also approved money to global abortion providers while he sat on its board.

In 2010, Jeb was named one of the founding directors of the Bloomberg Family Foundation, established as a tax-exempt foundation to advance the vision of former New York City Mayor Michael Bloomberg. He resigned from the board at the end of 2014 to prepare his presidential campaign.

While a Bush spokesman has responded to concerns by saying that Bush would not have voted on every initiative of the foundation, a pro-life leader told LifeSiteNews it "stretches credibility" that Bush was unaware of the foundation's pro-abortion work, given the centrality of such work to the foundation's mission, and its scope.

LifeSiteNews reached out to Bush for comment, but did not hear back by press time. 

$50 million to 'reproductive health' and Planned Parenthood

In March of 2014, the Bloomberg Philanthropies announced a $50 million undertaking to expand "reproductive health," including lobbying foreign nations to loosen restrictions on abortion.

Bloomberg announced a major partnership with Planned Parenthood-Global to train and equip abortion activists in pro-life countries.

"In 2014, we started supporting local nonprofit organizations in Burkina Faso, Senegal, Uganda, and Nicaragua to advocate for better policies in their countries that will expand access to comprehensive reproductive health services," the foundation stated. "These organizations will receive technical assistance from Planned Parenthood Federation of America – Global Division to help augment their capacity for effective advocacy." 

Planned Parenthood President Cecile Richards greeted the news by saying that "governments need to play a stronger role to ensure that all women have access to the health care they need" - including abortion - "no matter who they are, no matter where they live.”

Bloomberg clarified how the partnership would work while receiving Planned Parenthood's Global Citizen Award at its annual gala last March 27.

"We'll Push for Less Restrictive Abortion Laws"

"I am happy to say our major partner in this project will be Planned Parenthood - Global," Bloomberg said. "In some countries, our funding will help advocates work towards better sexual health policies for teens and better access to contraceptives. In others, we'll help push for less restrictive abortion laws and more government funding for high-quality, accessible services."

Such advocacy was "necessary," he continued, because "there are plenty of outside interest groups funding the other side of these issues, and we cannot let them go unanswered."

"This is a fight to women control their own destinies," Bloomberg said. "And let me tell you: We are in it to help them win it, and we're gonna stay in it until they do."

"Together we can succeed," he concluded. "Thank you for this award. God bless."

As head of a foundation with $5.4 billion in assets, which awards more than $200 million a year, the three-term mayor of New York has put his money where his mouth is.

Funding Global Abortion Providers

One aspect of his philanthropy's overall health initiative is to underwrite  "reproductive health services in the most remote areas of" Tanzania. Although all grants say they are intended "to reduce maternal deaths," alongside the CDC and the World Lung Foundation, Bloomberg Philanthropies has funded two abortion providers.

In 2013, Bloomberg Philanthropies approved a  a grant of $1,818,000 for EngenderHealth, and another $250,000 for Marie Stopes International - Tanzania.

"EngenderHealth works to ensure reproductive rights of Tanzanian women and their families by integrating family planning with HIV and comprehensive abortion care services," the group states on its website. EngenderHealth has been discovered promoting the use of manual vacuum aspiration (MVA), a common abortion method, as "post-abortion care" in Africa, including in Tanzania.

The group also touts the fact that its expansion to all 26 regions of the country "has also contributed to an increase in uptake of long-acting and reversible methods," especially Implanon. Long-Acting Reversible Contraceptives (LARCs) work both by preventing conception and by "alterations in the endometrium," which can cause an early abortion by preventing implantation.

Marie Stopes is known as a global abortion provider. MSI states that it only provides "post-abortion care" in Tanzania, where abortion is legal only to save the life of the mother.

But Marie Stopes officials have admitted that the group performs illegal abortions. 

"We do illegal abortions all over the world," Paul Cornellison, the director of Marie Stopes International in South Africa, said during a Marie Stopes International conference in 2007 in London - remarks that were caught on film. "There's various options, you know, once we open a center there...if we can just get our foot in the door." 

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In other nations, Bloomberg has supported advocates of unlimited, universal abortion-on-demand.

"Abortion services should be made free...for all women and girls"

Bloomberg Philanthropies underwrites political advocacy in African and Central American nations whose laws reflect the pro-life outlook of its citizens. The International Planned Parenthood Federation (IPPF) offers a glimpse into what international abortion lobbyists demand.

Between 2012 and 2014, IPPF wrote a 32-page case study on the Senegalese legal landscape, entitled Over-Protected and Under-Served. While numerous participants told researchers that abortion is "easy" to obtain and “lots of young people are having clandestine abortions,” IPPF focused on promoting "safe" abortion -- while making clear that such laws were only one components of its overall mission. 

"Advocacy efforts should focus on realizing the ultimate goal of unrestricted access to abortion services, and protection of this right under the law. Abortion services should be made free, safe, accessible and confidential for all women and girls," the report states.

The abortion industry signaled it rejects incremental aims to achieve the eventual recognition of abortion as a human right. "Anything other than full decriminalization will often lead to abortion remaining inaccessible to all but a very small number of women," the report says.

The task of pressuring government officials will fall to local activists in the nations targeted by Bloomberg because, in the words of Kelly Henning, the head of the public health program at Bloomberg Philanthropies, "We want this effort to be sustainable." 

If the effort fails, it will not be for lack of resources. In a separate component of its reproductive health plan, Bloomberg partnered with the Bill and Melinda Gates Foundation to enact Family Planning 2020's global reproductive and population goals.

Is Jeb "Ultimately Accountable"?

The association with Bloomberg conflicts with Jeb's record as a two-term pro-life governor of Florida who enacted parental consent laws, allowed the regulation of abortion facilities, did not allow state funds to be used for abortion counseling, and created the state's "Choose Life" license plate.

As one of more than a dozen directors - which include such distinguished names as former Sens. Sam Nunn and David Boren, currently Sen. Cory Booker, and former Bush-43 officials Elaine Chao and Hank Paulson - what responsibility does the former Florida governor bear?

The issue bubbled up in April, giving his yet-unannounced campaign an opportunity to respond.

“Governor Bush was honored to serve on the board of Bloomberg Philanthropies, which does a lot of good work across the world,” Bush spokeswoman Kristy Campbell told the Tampa Bay Times. "As a board member, Governor Bush did not vote on or approve individual projects or programs."

Although Bush and Bloomberg "disagree on several policy issues, both share a passion for improving education in America," she added - a reference to their mutual embrace of the Common Core curriculum and other policies.  

A spokeswoman for Bloomberg Philanthropies, Meghan Womack, confirmed to the newspaper that directors do not sign off on every project.

But to what extent was Bush active in the issue?

According to nonprofit norms, directors carry deep responsibility for the organizations they help lead. "Regardless of what board members are called, they are in essence the trustees in the literal and legal sense of the term," the National Center for Nonprofit Boards wrote on the responsibilities of board members. "No matter how the organization is structured or the degree of authority delegated to staff, committees, or affiliates, the board and therefore the individual trustees are ultimately accountable."

Bloomberg Philanthropies noted in a press release, "The directors will serve in an advisory and oversight capacity." Bush earned $37,100 in compensation for his nearly five years of service.

"Bush’s people are probably right that as a board member he did not vote on every project," Stephen Phelan, the director of mission communications at Human Life International, told LifeSiteNews. "But Bloomberg has been so open about his foundation’s goals for so long that it really stretches credibility to say that Bush or his people wouldn’t have known that the foundation pushes abortion and other population control efforts."

Bloomberg clarified his goals while accepting his Planned Parenthood award last year. "You can't fight every battle," he said. "The things that are high on my priority list are sensible gun laws...I obviously care about a woman's right to choose...Nobody's a bigger supporter of gay rights." He added that "we need a good immigration bill" that provides amnesty for an estimated 11 million illegal immigrants, "so we can continue our economy."

Bloomberg has described abortion as a "fundamental human right, elevating it to a make-or-break position. "On this issue, you’re either with us or against us.” He once cited abortion among his reasons for endorsing Barack Obama in 2012. 

Despite their differences on abortion policy, the billionaire has had no reservations supporting Jeb Bush's candidacy - even before there was one.

Last spring, he called Jeb and Hillary Clinton "two quality” candidates and "the only two who know how to make the trains run."

He also showered compliments upon Bush while introducing him to the New York State Republican Party convention in 2010. 

“I couldn’t agree more with this guy,” he said of Jeb. “If there’s anyone I would want on my side waging all those important battles and helping provide the government Americans deserve, it is our next speaker."

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Planned Parenthood says ‘extremists’ brought down website: critics say possible ‘PR stunt’

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By John Jalsevac

Updated 07/30/15 at 1:57 EST

July 30, 2015 (LifeSiteNews) - At the same time as a fourth video exposing Planned Parenthood's practice of harvesting and selling aborted baby body parts was released Thursday morning, visitors who attempted to access Planned Parenthood's website were greeted with a message saying, "Our site is not available due to an attack by extremists."

The page announcing the attack stated that "200,000 people a day are now being blocked from information and care by this attack," and directed visitors who wanted to find out more to Planned Parenthood Action Fund's Facebook page. 

At that Facebook page, the abortion giant states that the attack is a "new low" by anti-abortion extremists, and asks for donations to help them "fight back." 

However, some are raising questions about the purported attack, pointing out that a look under the hood shows that content from the site appears to be loading without a problem from Planned Parenthood's web server, while they have categorized the "site down" message as a "campaign."

At The Federalist, Sean Davis points out that the splash page also directs users to another page at ppaction.org where they can write their "story" about where they "stand" on Planned Parenthood, in the process of which Planned Parenthood collects their personal information.

"That’s right," says Davis. "Even though ppaction.org redirects to a page saying the site was hacked, the domain still house (sic) a perfectly functional URL and page that are being actively used to help build Planned Parenthood’s fundraising list."

Some hours after the original message was put up, Planned Parenthood changed the message to say simply that the website was "undergoing maintenance."

However, in comments to CNN Wednesday, Dawn Laguens, Planned Parenthood’s executive vice president, said that the website was originally brought down briefly on Wednesday by a distributed denial of service attack. “Although our websites were back online shortly after the attack, in order to ensure that we are fully protected, we’ve made the decision to take our website offline for a day,” she said, according to Jezebel.

The alleged attack comes days after Planned Parenthood had issued a statement claiming that "extremists" opposed to their agenda, "have called on the world’s most sophisticated hackers to assist them in breaching our systems and threatening the privacy and safety of our staff members."

At that time LifeSiteNews spoke with cybersecurity experts who said the attack appeared to be legitimate, but that it was not as sophisticated as Planned Parenthood claimed, given the outdated version of the abortion behemoth’s webserver.

The abortion giant has been reeling in recent weeks from a series of undercover videos, which appear to show high level Planned Parenthood staff negotiating to profit from the sale of body parts harvested from aborted babies. The videos have also shown the staff describing how they alter the abortion procedure to procure the best specimens possible.

No one has claimed responsibility for the attack. 

"Planned Parenthood says it’s been hacked by 'extremists,' but a review of the publicly available evidence suggests that the only things being hacked at Planned Parenthood right now are perfectly healthy and viable unborn babies," said Davis.

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