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Group demands W.Va. session to ban same-sex marriage
State defines marriage between one man, one woman
Published Thursday, 23-Oct-2008 in issue 1087
CHARLESTON, W.Va. (AP) – As the general election approaches, a Christian evangelical group has issued an ultimatum to Gov. Joe Manchin: call a special session to pass a proposed constitutional amendment banning same-sex marriage, or face the wrath of voters.
The Family Policy Council of West Virginia told the governor on Oct. 9 that he had until Wednesday to agree to call the Legislature into session. The conservative group, formed in March, cites polling it says supports its position.
“The donors to this organization, as well as my board, are asking – rather stridently – that we release the poll to the public as soon as possible,” Jeremy Dys, the group’s president, said in a letter to the governor’s office. “If he has determined that the timing is not right, the duty I have to our donors and the Board of Directors requires that I release this as soon as possible.”
But Manchin’s office says West Virginia already has a law defining marriage as between one man and one woman. It says the 2001 statute was written to withstand legal challenge.
“The Governor believes that West Virginia is currently poised to deflect any outside assault on the definition of marriage,” Carte Goodwin, counsel to Manchin, wrote Dys in a Tuesday reply. “Accordingly, the need to convene an extraordinary session of the Legislature is simply lacking.”
Supporters of a constitutional amendment fear a judge could void the statute. Amending the constitution would also require a statewide vote. Dys said such a vote should take place next year, when no legislative seats are up for election, so “no politician should fear displacement from their current position, should that be of any concern,” his letter said.
But Dys also called for a special session this year, arguing “the current legislature is a known quantity and our analysis shows strong support for the passage of such a resolution.”
Dys’ letter also indicates that he first broached the topic with Manchin in early August, and invokes the backing of the national Alliance Defense Fund. The conservative legal group has supported anti-same-sex marriage efforts in other states. It also orchestrated last month’s Pulpit Freedom Sunday, during which 33 pastors in 22 states weighed in on the presidential race with their sermons.
The goal was to invite IRS scrutiny and a legal fight the group hopes will lead to restrictions stemming from the tax-exempt status being found unconstitutional.
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