Recall of State Marriage Amendment from Rules
Committee to House Floor
05/17/2007 | 11:33 AM
Raleigh - Rep. Tim Moore
(R-Cleveland) and Linda Johnson (R-Cabarrus) gave
notice today they will move to recall the state
Marriage Protection Amendment, House Bill 493, from the
House Rules Committee, which has not acted upon
it since its introduction, to the House Floor
for a vote on May 23. The following day is
"Crossover Deadline" at the General Assembly,
when many bills must pass the House or Senate to
be eligible for consideration in the other
Chamber. House Bill 493 was assigned to the
Rules Committee on March 6.
"There are several reasons this bill is necessary," according to House Republican Leader Paul Stam (R-Wake). "Under the Full Faith and Credit clause of the U.S. Constitution, whether or not North Carolina is required to give credit to the acts of other states, like Massachusetts, depends to some degree in the form in which our public policy is expressed. A constitutional amendment adopted by the people is a stronger argument to make to a federal judge. And under the rules of comity it would strengthen our hand with regard to foreign same sex marriages."
"Liberal groups have relied on state constitutions to demand, and in some cases receive, rulings favoring same sex marriage," Stam said. “The framers of our state’s 1868 constitution obviously did not intend to legalize same sex marriage or polygamy. But words can be twisted if this amendment is not adopted. It is not enough to say that our Supreme Court would never interpret our constitution that way. Who knows what it would do in future years? More importantly, who knows what a single Superior Court judge or a single District Court judge (resident in a liberal district) might do to disrupt our marriage statutes until those rulings could be corrected by our Supreme Court.
"Statutes can always be repealed or superseded by other conflicting statutes enacted without noting the impact on marriage," Stam said. "Courts and legislators, applying common sense, have known for thousands of years that the basic building block for any society is the family. This is, by far, the best setting in which to raise children. While I know that single parents also have to raise children and I applaud those who have to do that, public policy should never intend that result as a preferred alternative."
"I stand by this amendment and hope to see it put before the people of North Carolina this fall for a decision."
"There are several reasons this bill is necessary," according to House Republican Leader Paul Stam (R-Wake). "Under the Full Faith and Credit clause of the U.S. Constitution, whether or not North Carolina is required to give credit to the acts of other states, like Massachusetts, depends to some degree in the form in which our public policy is expressed. A constitutional amendment adopted by the people is a stronger argument to make to a federal judge. And under the rules of comity it would strengthen our hand with regard to foreign same sex marriages."
"Liberal groups have relied on state constitutions to demand, and in some cases receive, rulings favoring same sex marriage," Stam said. “The framers of our state’s 1868 constitution obviously did not intend to legalize same sex marriage or polygamy. But words can be twisted if this amendment is not adopted. It is not enough to say that our Supreme Court would never interpret our constitution that way. Who knows what it would do in future years? More importantly, who knows what a single Superior Court judge or a single District Court judge (resident in a liberal district) might do to disrupt our marriage statutes until those rulings could be corrected by our Supreme Court.
"Statutes can always be repealed or superseded by other conflicting statutes enacted without noting the impact on marriage," Stam said. "Courts and legislators, applying common sense, have known for thousands of years that the basic building block for any society is the family. This is, by far, the best setting in which to raise children. While I know that single parents also have to raise children and I applaud those who have to do that, public policy should never intend that result as a preferred alternative."
"I stand by this amendment and hope to see it put before the people of North Carolina this fall for a decision."