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Sen. John Hainkel seeks to ban same-sex marriage in La.
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La. Senate fails to pass amendment against same-sex marriage
Issue faces a second vote; similar measure in the House
Published Thursday, 20-May-2004 in issue 856
BATON ROUGE, La. (AP) – Louisiana’s Senate fell one vote short of passing a proposed state constitutional amendment that would ban same-sex marriage and civil unions.
The vote was 25-8. The measure needed a two-thirds vote – 26 in the 39-member Senate. Six members were either absent or did not vote.
The issue is not dead. The amendment’s sponsor, Sen. John Hainkel, can try to round up one more vote for the measure and ask for another vote; meanwhile, a similar measure is awaiting debate in the House, where it would need approval from 70 in the 105-member body.
“The essence of marriage has never been as under attack as it has been recently,” said Hainkel, R-New Orleans.
Opponents said there is no need for the amendment because Louisiana law already forbids same-sex marriage. Sen. Joel Chaisson, D-Destrehan, said that, while he opposes same-sex marriage, amending the state constitution would send a message of discrimination.
“That is going to be the perception, Sen. Hainkel – that we’re stepping on these people and treating them as second-class citizens,” Chaisson said.
Senate president Don Hines, D-Bunkie, distributed copies of two recent public statements Gov. Kathleen Blanco made, questioning the need for the amendment and expressing concern over whether it would hurt the state’s economic development efforts.
The existing law was brought up repeatedly in debate on the Senate floor by Sens. Kip Holden and Cleo Fields, both Baton Rouge Democrats who have said they oppose same-sex marriage.
Hainkel argued that a court could overturn existing law without constitutional protection. He expressed some dismay that the question of whether marriage is between a man and a woman was up for debate. “It’s been that way since Biblical times,” he said.
During almost two hours of debate, some proponents invoked religion, while others noted that a constitutional amendment must go on a statewide ballot if it passes the Legislature, giving voters the final say.
Under questioning from Chaisson, Hainkel acknowledged that there are currently no challenges to the existing law and that there is no effort to repeal that law.
Sen. Robert Adley, D-Benton, backed Hainkel by asking whether voters who are opposed to same-sex marriage will understand and accept a vote against the amendment, given recent highly publicized events in California and Massachusetts.
“As a senator who has to go home to five parishes and explain to them why I do things here, do you think that I can clearly explain all these constitutional questions about attacks on our law, non-attacks on our law, when they are sitting at home watching on television people getting married on the steps of the Capitol?” Adley said.
Fields said the amendment is tantamount to using the state constitution as a sword to take away rights instead of a shield to protect rights.
“This country’s foundation is built upon our capacity for tolerance,” Holden added.
Sen. Noble Ellington, D-Winnsboro, disagreed.
“I think maybe tolerance is tearing down the foundations of this country and the foundation of this country, I believe, is God and church and family,” Ellington said.
Blanco has not taken a high profile in the debate but was quoted in a May 5 article in Baton Rouge’s The Advocate and a May 11 article in Lafayette’s The Advertiser as questioning the need for a constitutional amendment. Hines had copies of the remarks distributed prior to the debate.
“There’s a big question mark out there as to the extent of damage it might do to Louisiana’s economic development,” she said in the Advertiser article, adding: “On the whole, Louisiana has been a very tolerant state.”
Before the vote, Hainkel had amended the measure so that it would appear on the Sept. 18 ballot instead of the November ballot, quelling criticism that the proposal was being pushed to help spur turnout of conservative voters for the presidential race.
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