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NAACP Blasts Constitutional Ban Before a Senate Subcommittee

Top Civil Rights Organization says Amendment is Discriminatory

'A Divisive Political Ploy Distracting Voters from Real Problems'

Compiled by GayToday
Lambda Legal

NAACP Washington Bureau director, Hilary Shelton, spoke out against the constitutional ban on same-sex marriage during a Senate hearing on Wednesday

Washington, D.C.-- The testimony of Hilary Shelton, director of the Washington, D.C., Bureau of The National Association for the Advancement of Colored People (NAACP) before a Senate Judiciary Subcommittee hearing was applauded yesterday by the Human Rights Campaign. Shelton announced the NAACP's strong opposition to a constitutional ban on marriage rights for same-sex couples.

"Our elected officials should heed the testimony of one of our nation's foremost civil rights organizations - denying rights to Americans has no place in our nation's Constitution," said HRC President Cheryl Jacques, who also submitted written testimony."

As Mr. Shelton spoke, a room full of families listened -- families who would clearly be hurt by such an amendment. "Denying those hard-working, tax-paying Americans equal rights under the law is wrong, and using the Constitution to single out those families for discrimination would be un-American," he said.

"The NAACP is greatly disappointed that President George Bush and others have decided to enter this election cycle by endorsing an amendment that would forever write discrimination into the U.S. Constitution, rather than focusing on the crucial problems and challenges that affect the lives of all of us," testified Shelton.

"At a time of record high unemployment, diminishing job prospects, a ballooning budget deficit that is choking our economy and crucial social service programs, a public school system that is in great need of attention and a health care system that is failing over 43 million Americans that remain uninsured over the past three years. This discriminatory constitutional amendment appears to be nothing more than a highly divisive political ploy to distract the country from focusing on our overabundance of real problems and our tremendous lack of creative and effective solutions."

The hearing was held by the Senate Judiciary Committee's subcommittee on the Constitution, civil rights and property rights. Sen. John Cornyn, R-Texas, presided over the hearing, along with ranking member Senator Russ Feingold, D-Wisconsin.

Other minority members who attended were Senators Richard Durbin, D-Illinois., Edward Kennedy, D-Massachusetts., and Patrick Leahy, D-Vermont. Two other witnesses, Lea Brilmayer, Yale University Professor of Law, and Chuck Muth, founder of Citizen Outreach - also spoke in opposition to a discriminatory amendment.

"We applaud Senators Feingold, Durbin, Kennedy and Leahy for their leadership in the hearing today," said Jacques. "And we sincerely thank Senators Chafee and Dayton for showing bipartisan opposition to the amendment at a press conference earlier this morning."

Senators Lincoln Chafee, R-Rhode Island, and Mark Dayton, D-Minnesota, joined a broad range of individuals speaking in opposition to amendment at a press conference before the hearing. Manuel Mirabel, chair of the National Hispanic Leadership Agenda, announced the group's opposition to the amendment, saying it is "divisive, discriminatory and seeks to treat one group of citizens differently from everybody else."

Heather McCabe and Staci Winters of Maryland, who have been together for 11 years and are mothers of 4-year-old triplets, also spoke at the press conference.

"Make no mistake, this amendment would not protect my children," said Winters. "There are more than 1 million children like Sam, Cole and Annabel - children being raised in loving homes headed by same-sex couples. Every respected child welfare group has said these parents are just as good as other parents. This amendment, though, would ensure that these parents are forever denied important legal protections that come with marriage."

"We will work to ensure that no child is left behind by our nation's Constitution," added Jacques.

Lambda Legal Critiques GOP's 'Activist Judges' Rhetoric

U.S. Senator John Cornyn (R-Texas), chair of the subcommittee said, "Why is this amendment necessary? Two words -- activist judges."

Kevin Cathcart, Executive Director of Lambda Legal who was present at the hearing, said, "Today's hearing and this 'activist judge' rhetoric can be summed up in one word -- sham. I was very disappointed at how little discussion addressed the real issue, and the real danger, of amending the Constitution."

Lambda Legal launched a major nationwide campaign Wednesday challenging distortions about so-called "activist judges" that are being used to fuel attempts to pass a discriminatory amendment to the federal Constitution.

The campaign notes that many recent gay-rights victories were actually decided by conservative judges, and judges who decide civil rights cases based on principle rather than politics are fulfilling their traditional constitutional duty.

Sen. John Cornyn says a constitutional amendment is necessary because of activist judges; Lambda Legal says that's bunk.

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