NEWS from DontAmend.com
November 18, 2003

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WHEW! SWEEPING LGBT VICTORY IN MASSACHUSETTS!!
...But Get Ready For the Anti-Gay Onslaught

Earlier today the Massachusetts Supreme Court announced a victory for Lesbians, Gays, Bisexuals and Transgendered people that eclipses even this summer's U.S. Supreme Court sodomy law repeal. But anti-gay hate groups have already announced they will use our victory to force Congress to add an anti-gay amendment to the US Constitution.

To stop this amendment - which wouldn't just ban gay marriage, but would also likely repeal every single federal, state and local gay rights law ever passed - please help support our campaign by donating via this link:
http://dontamend.c.tep1.com/maabF3Naa2gcEb542PLb/
(Donations are not tax-deductible)

The Massachusetts court explicitly stated that same-sex couples, and by implication, all LGBT people, should have equal rights and equal protection under the law.

"The marriage ban works a deep and scarring hardship on a very real segment of the community for no rational reason.... [The ban on same-sex marriage] is rooted in persistent prejudices against persons who are (or who are believed to be) homosexual." Rejecting sectarian theological rationalizations for discrimination, the Court quoted from a 1992 Planned Parenthood case, stating that "Our obligation is to define the liberty of all, not to mandate our own moral code."

While June's Supreme Court decision was based upon upholding every American's right to privacy, the Massachusetts decision explicitly states that same-sex couples should not be singled out for discrimination, and rejects "separate but equal" legal frameworks which provide for lesser legal recognition for same-sex couples. The Court concluded that "The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class
citizens....[There is no] constitutionally adequate reason for denying civil marriage to same-sex couples."

The decision explicitly said the LGBT search for equal marriage rights is in the tradition of other historic civil rights struggles, and implicitly linked the far right's opposition to same-sex marriage rights to their earlier opposition to multi-racial marriage, and their continuing campaign against equal legal rights for women:

"Recognizing the right of an individual to marry a person of the same sex will not diminish the validity or dignity of opposite-sex marriage, any more than recognizing the right of an individual to marry a person of a different race devalues the marriage of a person who marries someone of her own race. ...Alarms about the imminent erosion of the 'natural' order of marriage were sounded over the demise of anti-miscegenation laws, the expansion of the rights of married women, and the introduction of 'no-fault' divorce. Marriage has survived all of these transformations, and we have no doubt that marriage will continue to be a vibrant and revered institution."

Elsewhere, the Court stated that "The history of constitutional law 'is the story of the extension of constitutional rights and protections to people once ignored or excluded.' This statement is as true in the area of civil marriage as in any other area of civil rights."

But What's Next Now?

The Massachusetts Constitution makes it virtually impossible to overturn the Court's decision by constitutional amendment except after a several-year-long process. This is why the far-right has already telegraphed that in the event of a defeat for their side, which they clearly suffered today, they would take their war against equal rights to the national stage.

Next on their agenda is the promotion of an amendment to the US Constitution that would ban same-sex marriage and repeal possibly every LGBT right already in existence at the federal, state and local level across the country. Republican Party operatives already have signaled that in the event of a pro-gay Massachusetts decision, the President would come out four-square in favor of the anti-gay constitutional amendment. They will attempt to use an hysterical campaign against
"gay marriage" to boost their President's sagging polling numbers.

Given that most Democratic politicians will probably shy away from unequivocally embracing full, equal legal rights for LGBT people, it is incumbent upon grassroots people in our community, and our allies, to provide that message. We MUST mobilize our community in rallies, pickets and other public protests to provide that message, much as we did following the murder of Wyoming's Matthew Shepard, much as the Civil Rights Movement of the 1950s and 1960s did. That is the way to shift the terrain of the national debate over our community's rights in this country.

Towards that end, DontAmend.com is pushing for a national day of rallies and other protests on Saturday, February 14, 2004. Marriage is our right, and the campaign to add anti-gay prejudice to the US Constitution is downright un-American. As with all other civil rights victories, we won't win without a fight.

If you would like to help organize an event in your town on February 14, 2004, please contact us at RTDontAmend@aol.com - together we can organize to defeat the anti-gay constitutional amendment, and win full
legal equality in this country.

And now that DontAmend.com has incorporated as a project of The Equality Campaign, Inc., we are accepting donations to help us fight this crucial battle. Please help us defend your rights and our Constitution by clicking here:
http://dontamend.c.tep1.com/maabF3Naa2gcEb542PLb/
(Donations are not tax-deductible.)

Thanks so much for helping us fight the good fight,

Robin Tyler, Executive Director, The Equality Campaign, Inc.
John Aravosis, Co-Founder, DontAmend.com
Andy Thayer, National Action Coordinator, DontAmend.com

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