State lawmakers debate date of vote on gay union ban

Alabama legislators are united against same-sex “marriages,” but they are divided on when to let the people vote on a constitutional amendment outlawing these unions.

Several pieces of legislation were submitted to the Legislature this year, but only one bill is moving forward. It calls for the constitutional amendment to be voted on two years from now. The potential ramifications from waiting have one watchdog group concerned.

“All the bills (currently in the Legislature) have the same goal of saying that same-sex ‘marriages’ will not be legal in Alabama whether attempting to be originated here or not,” said Eric Johnston, legal counsel for Alabama Citizens Action Program (ALCAP).

But the bill making the most progress — HB 94, sponsored by Rep. Yusuf Salaam, D-Selma — calls for a 2006 vote of the people.

“We believe that same-sex ‘marriage’ is a very dangerous thing and there is no telling what could happen in Alabama if the ‘marriages’ in California are upheld by the high court in California,” Johnston explained.

Dan Ireland, executive director of ALCAP, favors a Nov. 2 vote on the issue. “Most ballot bills are brought up at the next general election,” he said. “The longer you wait the more opportunity proponents of same-sex ‘marriage’ will have to come in and try to create problems.”

But House Majority Leader Rep. Ken Guin, D-Carbon Hill, does not see the need to rush the vote through the Legislature. “There is absolutely no threat right now of what has been happening in San Francisco.”

Johnston disagreed.

Waiting until 2006 to vote puts the state in the position of potential legal troubles, he said. Alabama could be sued for not giving “full faith and credit” to another state’s law declaring these unions legal, even if Alabama’s civil law says otherwise, Johnston explained, referencing the Alabama Marriage Protection Act of 1998.

He said if two people of the same sex were married in a state where it is legal and came to Alabama to live, Alabama’s law could be challenged in court.

“The bills need to be voted on soon. I hope party politics will not be played when this bill is so important,” Johnston said.