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« GOP Releases Ethics Reform Proposals | Main | 2 Live Crew » August 9, 2005Battling the ACLU's Attempt to Silence Your Vote
The ACLU is suing Secretary of State Riley Darnell in an attempt to thwart the will of the people as expressed by a majority of the Tennessee Legislature. Their lawsuit aims to prevent Tennesseans from voting on a constitutional amendment proposed by state lawmakers that defines marriage as "the relationship of one man and one woman" "The Legislature wants the voters to decide; the ACLU doesn't," said Babione, who will argue before the court Wednesday on behalf of 90 state legislators, both Republicans and Democrats. "We intend to argue that the Legislature should be allowed to defend its decision to let the people of Tennessee be heard on this matter." In May of this year, the legislature overwhelmingly passed the Marriage Protection Act putting the proposed constitutional amendment on the ballot for the 2006 election. The proposed amendment reads, in part, "The historical institution and legal contract solemnizing the relationship of one man and one woman shall be the only legally recognized marital contract in this state." It does not "ban gay marriage" or "take away rights" from gays, as critics charge, because gay marriage has never been legal in Tennessee. Nor does the proposed amendment discriminate - if voters approve the amendment, all Tennessee residents of adult age will have the same right they currently have: to be married to one person of the opposite gender.
The ACLU claims that the Secretary of State did not follow all the requirements of the Tennessee Constitution necessary to let the public know about a pending constitutional amendment. Therefore, the ACLU claims, the legislature did not constitutionally pass the bill and it cannot be on the ballot in 2006. However, the Secretary of State followed an identical procedure for our last constitutional amendment, the amendment enacting the lottery, and it was on the ballot. And the substance of the Marriage Protection Act amendment was widely circulated in the Tennessee news media before, at the time of, and immediately after the General Assembly's vote - fulfilling the constitutional requirement that the public be given ample advance notice of the proposed amendment. What the ACLU is trying to do, then, is deny Tennesseans their constitutional right to vote on proposed amendments to their constitution. For a self-styled "civil liberties" group, that's rather ironic. Gov. Phil Bredesen has to be secretly hoping for the ACLU to prevail in its lawsuit - if the Marriage Protection amendment is on the ballot in the fall of 2006, it will draw social conservatives to the polls in droves, helping Republicans on the ballot. Bredesen recognizes the danger and has come out against gay marriage in the past. Babione's press conference will be in the second floor main hallway of the Chancery Court for Davidson County following a hearing that starts at 10 a.m. EDT Wednesday. ADF is America's largest legal alliance defending religious liberty through strategy, training, funding, and litigation. Posted in Tennessee News
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"For a self-styled "civil liberties" group, that's rather ironic." I've never heard a definition of civil liberties that is actually tyranny of the majority. If the majority had its way throughout history, we'd still have "separate but equal" schools. The ACLU's job is and has always been to protect the rights of those who fail to fit within the mainstream and who challenge authority, be it challenging sedition laws during World War I or ensuring that government does not endorse religion (it prejudices the government and poisons the church). And just because the law regarding public notice was not enforced the last time doesn't mean it shouldn't be this time. If one murderer gets away free, are we then obligated to stop enforcing murder statutes? Based on your logic, yes. Posted by: Jason R. Cox at August 9, 2005 06:14 PMJason, the public had more than six month's notice as to the content of the proposed amendment. The thing is, if the ACLU wins the suit, the legislature can merely re-pass the same law in early 2006, with six month's public notice, and it could still be on the ballot, if my reading of the law is accurate. Posted by: Bill Hobbs at August 9, 2005 06:47 PMBill, I'm very worried that this action will take away from the ACLU's ability to drive the Boy Scouts from the public arena. How in the world will the ACLU be able to protect us all from the evil Boy Scouts of America (those religious bigots) if so much of their time and other resources are tied up in keeping the people of Tennessee from exercising their right to try to modify their state constitution. Guess they'll just have to have a giant fund raiser. I'd certainly be willing to give them my two cents worth. Posted by: JorgXMckie at August 9, 2005 07:49 PMJorg, That's one of the funniest things I've read in weeks. Thanks for the much-needed laugh. Posted by: Bob at August 9, 2005 10:57 PMWhen Georgians voted last year for a ban on gay marriage, a caller to the Atlanta Journal-Constitution's "Vent" feature commented: "I bet an amendment banning interfaith and interracial marriages would pass in Georgia, too." Give this some real thought. Donna Locke, "Give this some real thought" Good anecdotal example. Eric Holcombe, If the ACLU prevails then the process will have start all over again. We can not simply pass the bill in early 2006. The soonest it could be on the ballot would be 2010. Posted by: Rep. Bill Dunn at August 10, 2005 10:32 AMI stand corrected. i just figured that because the law had to pass two successive General Assemblies, it could just be re-passed in 2006, meeting that requirement. Posted by: Bill Hobbs at August 10, 2005 10:42 AMI think this headline says it all Ford and Rockefeller Foundations offer ACLU $1.15m to not Support Terrorism: ACLU Refuses says it all. Don't you? Posted by: insider at August 10, 2005 11:50 AMThe hypocrisy and loud faux conservatism of those factions so intent on minding everyone else's business for them would be comical if it were not so dangerous. It's the sort of thing that gets people killed. I know. And it's the sort of thing that, along with the immigration issue and weariness of the general corruption, will eventually birth one, and probably two, more viable political parties in this country. I hear and read the thoughts of the disenchanted every day. More than a few are people highly stationed in the Republican and Democratic organizations. Posted by: Donna Locke at August 10, 2005 05:08 PMWhy a constitutional amendment? Aren't constitutions official documents that confer rights rather than deny them? How does the union of a gay couple threaten my 38-year heterosexual marriage? Posted by: SemiPundit at August 10, 2005 11:02 PMInsider, I think that their logic comes from the Declaration of Independence: "whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it". I.e., yesterday's Boston Tea Party would be today's terrorism. The Patriot Act only helps in this regard. The problem with ACLU's thinking is that today's current "terrorists" are not abolishing a government (indeed, for the most part they are not U.S. citizens) but rather attempting to abolish us in general. Posted by: Eric Holcombe at August 11, 2005 11:26 AMPost a comment
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