Published: January 19, 2008 10:53 pm      

Delegates revive marriage protection amendment

CHARLESTON — Once again, a move is afoot in the House of Delegates to accord West Virginia voters a chance to define marriage as an act between one man and one woman.

Simultaneously, the proposed constitutional amendment would bar same-sex unions.

Introduced early on in this session, the proposed Marriage Protection Amendment would prohibit the state from recognizing homosexual marriages and prohibit recognizing a legal status for relationships of similar nature.

The current law in force is the In Defense of Marriage Act, which recognizes marriage as a legal union between a man and a woman, but some legislators fear this could be overturned in the state Supreme Court.

If that occurred, the state would no longer have a marriage law. Some lawmakers recalled a recent decision by the bench blocking two Charleston lesbians from getting a marriage license, when the vote was 3-2.

Delegate Linda Sumner, R-Raleigh, one of 11 sponsors, says she thinks it’s important to bring the matter up for consideration.

“The reason that a constitutional amendment is needed is because the law can always be challenged in the Supreme Court,” she said.

“If that ever becomes a case here, then they can rule to keep the law as is or they can rule to overturn it.”

Before being submitted to the voters, the amendment must first go through the House Constitutional Revision Committee.

In one session, the proposal was locked inside that committee and never appeared on the agenda for consideration.

An attempt was made on the House floor to discharge the panel and send the resolution out for a vote, but delegates voted it down.

Delegate Craig Blair, R-Berkeley, said in a news conference when the Republican House caucus outlined its agenda for the session that the committee has been “an absolute failure since I’ve been here in 2003.”

Delegate Harold Michael, D-Hardy, is the lead sponsor of the amendment.

Besides him and Sumner, the measure is being sponsored by Delegates Tim Miley, D-Harrison, Rick Moye, D-Raleigh, John Pino, D-Fayette, Brent Boggs, D-Braxton, Patrick Lane, R-Kanawha, John Overington, R-Berkeley, Cliff Moore, D-McDowell, William Stemple, D-Calhoun, and House Minority Leader Tim Armstead, R-Kanawha.

“I think it’s important that we take a look at this and try to get it through,” Sumner said.

“My constituents overwhelmingly would like to see this pass because it’s part of the culture and the heritage of the majority of people in West Virginia.”