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Presbytery of Milwaukee opposes state's
proposed ban on same-sex marriages


By Craig M. Kibler
The Layman Online
Tuesday, February 15, 2005
The Presbytery of Milwaukee is opposing a proposed amendment to Wisconsin's constitution that affirms the Presbyterian Church's historical definition of marriage as a "civil contract between a woman and a man."

The wording of the proposal, similar to that of the proposed Federal Marriage Amendment, states:
"Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state."
The Wisconsin State Assembly approved the proposal in March 2004. Legislators must approve a second reading this month before placing it on the general election ballot in April.

In last November's election, 11 states approved constitutional amendments limiting marriage to one man and one woman. The amendments in Mississippi, Montana and Oregon referred only to marriage, specifying that it should be limited to unions of one man and one woman. The measures in Arkansas, Georgia, Kentucky, Michigan, North Dakota, Ohio, Oklahoma and Utah called for a ban on civil unions as well. Earlier last year, same-sex marriages were banned in Missouri and Louisiana.

The Presbytery of Milwaukee approved a resolution Jan. 25 that directed its stated clerk to notify the media, the president of the state Senate, the speaker of the State Assembly and the governor that it opposed what it called "one of the harshest such measures enacted anywhere in the country" if it was approved.

Without once saying that the PCUSA's historic definition of the meaning of marriage is a civil contract between a woman and a man, and that such a definition was affirmed by the 216th General Assembly, the presbytery's resolution denounced the proposed amendment for "being the first to restrict freedom" and denying gay couples "the rights and responsibilities of marriage."

Unlike the presbytery's resolution, the 216th General Assembly, when it met in Richmond last year, recognized civil rights for same-gender couples, but not marriage. Commissioners approved the following statement:
  • Offers prayerful thanks for the Scriptures informing us that all persons are created in the image of God (Gen. 1:27).
  • Affirms the PCUSA historic definition of the meaning of marriage as a civil contract between a woman and a man (W-4.9001, as quoted in a resolution of the 208th General Assembly (1996), Minutes, 1996, Part 1, p. 122)
  • Declares that all persons are entitled to equal treatment under the law (Constitution of the United States of America); therefore
  • Urges state legislations to change state laws to include the right of same-gender persons to civil union and, thereby, to extend to them all the benefits, privileges, and responsibilities of civil union, and urges all persons to support such changes in state laws.
  • Urges the Congress of the United States of America to recognize those state laws that allow same-gender union and to change federal laws to recognize all civil unions licensed and solemnized under state law to apply in all federal laws that provide benefits, privileges, and/or responsibilities to married persons.
The presbytery's action is similar to that of Stated Clerk Clifton Kirkpatrick and the Presbytery of Baltimore. Earlier this month, Kirkpatrick sent letters to President George W. Bush and members of Congress calling for "legislation to change state laws to include the right of same-gender persons to civil union and, thereby, to extend to them all the benefits, privileges, and responsibilities of civil union, and urges all persons to support such changes in state laws."

The letters stopped short of calling on Congress to enact laws granting same-gender couples the right to marry, but didn't mention that the 216th General Assembly stated that nothing it "has said or acted upon is to be construed to state or imply a position for or against the Federal Marriage Amendment. General Assembly entities shall not advocate for or against the Federal Marriage Amendment."

In January, faced with a complaint that a previous vote violated the denomination's Constitution, the Presbytery of Baltimore rescinded its decision to support an amicus curiae brief favoring same-sex marriages in the state of Maryland.

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