State gay marriage votes could affect federal efforts

JEFFERSON CITY, Mo. -- The outcome of proposed state constitutional amendments banning same-sex marriages that voters in Missouri and several other states will decide this year could influence efforts in Congress to add a similar provision to the U.S. Constitution.

The federal amendment, which would define marriage as being between a man and a woman, derailed Wednesday in the U.S. Senate, although the House of Representatives is expected to take up its version of the proposal prior to the Nov. 2 general election.

Missouri will be the first state in the nation this year to take a crack at adding such a definition to its state charter when voters consider Amendment 2 on Aug. 3. Louisiana will follow suit in September and at least six other states -- Arkansas, Georgia, Kentucky, Mississippi, Oklahoma and Utah -- will do so in November, according to the National Conference of State Legislatures.

U.S. Sen. Jim Talent, R-Mo., said the issue has divided the Senate into three factions: Those, like himself, who believe immediate action is needed, those who oppose a federal amendment and those who want to wait and let the situation develop.

Decisive voter response at the state level either in favor of or opposition to same-sex marriage will likely have a significant impact on that last group, Talent said.

"If actions in the states continue to be strong in support for traditional marriage, it reinforces the sentiment that we need to do something at the federal level before a court imposes it on us," Talent said.

The Massachusetts Supreme Judicial Court ruled last year that homosexuals are entitled to the same marriage rights as heterosexuals under that state's constitution. The decision sparked a nationwide controversy over the issue and prompted efforts to insulate individual state constitutions from similar judicial action.

Jeff Wunrow, the director of the statewide gay and lesbian rights group PROMO, called the Senate defeat an "embarrassing failure" for same-sex marriage foes that could bolster efforts to block the state amendments. But he also said the results of the state-level votes could determine the future of congressional efforts.

"Certainly this issue has not run its course," Wunrow said. "But I think the American people are waking up to the real purpose of these amendments, and it is no longer a slam dunk that these are going to pass."

Vicky Hartzler, spokeswoman for the Coalition to Protect Marriage in Missouri, said an overwhelming vote in favor of Amendment 2 would send a message to federal lawmakers. Although the coalition has no official position on the federal measure, Hartzler said most members support it.

"I think it imperative that we have a strong showing in support of marriage in Missouri in order to stave off the front line battles that are being waged at the state level," Hartzler said.

In addition to the eight states that are already scheduled to vote on marriage amendments this year, initiative petition efforts to put the issue on the November ballot are underway in five other states -- Michigan, Montana, North Dakota, Ohio and Oregon.

Only Alaska, Hawaii, Nebraska and Nevada currently prohibit same-sex marriage within their state constitutions. However, most states, including Missouri, have laws to that effect.

Both chambers of Congress would have to pass the federal amendment by two-thirds majorities before it could be forwarded to the states for consideration. Thirty-eight state legislatures would then have to ratify it, a process that could take years.

mpowers@semissourian.com

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