Update: My idea for a REAL "Marriage Protection Amendment" for EVERYONE

[Ian David]

We've been collaborating on this over in the GLBT forum for a while now, and this is what we've worked-out so far:

For what it's worth, I think it would be good enough if we stopped after paragraph 4.

An Amendment to Define and Protect the Dignity of all Marriages Performed within The Commonwealth of Massachusetts and Maintain the Right of Conscience and Independence of the Clergy.

1) Marriage as defined, regulated, performed, licensed and recognized by The Commonwealth of Massachusetts, is a civil, secular, institution separate and distinct from religious arrangements of the same name.

2) Marriage as defined, regulated, performed, licensed and recognized by The Commonwealth of Massachusetts, shall consist of a Legal Union between two consenting adult human beings over the age of majority, no more closely related than first-cousins, neither of whom is married to another person, established with the intent of consummating a loving, life-long commitment to one another.

3) All marriages licensed within The Commonwealth of Massachusetts shall be recognized as deserving of equal rights, protections, privileges, responsibilities and dignity.

3.1) Any marriage performed under substantially the same conditions, or consistent with The Commonwealth's definition of marriage, recognized in another state, territory or country will also be recognized as a marriage in The Commonwealth of Massachusetts, deserving of equal rights, protections, privileges, responsibilities and dignity.

3.3) No additional documentation, procedures or other requirements shall be required of any married category of marriage applicants other than what is required for all applicants, unless the courts determine there is a compelling and critical medical need for those measures.

3.4) No governmental, business or other entity doing business within The Commonwealth of Massachusetts shall require same-sex couples to produce extra documentation or require of them any procedures or qualifications that are discriminatory and not equal in treatment to those of opposite-sex couples. No same-sex couples shall be required to furnish any proof of their relationship not ordinarily required of opposite-sex couples.

4) No house of worship or religious institution shall be required to perform or sanctify marriages which they find objectionable.

4.1) The Commonwealth of Massachusetts shall not require any marriage to be officiated, recognized or sanctioned by any religious body, nor shall non-religious unions be treated differently by The State and by the laws of The Commonwealth than those that have been religiously sanctioned.

5) In so far as The Commonwealth may have authority, no house of worship or religious institution shall force clergy people to perform or sanctify marriages which they find objectionable, nor sanction or discipline clergy people for exercising this right.

6) No clergy person, house of worship or religious organization shall be required to recognize marriages which they find objectionable, except for the purpose of disbursing non-religious charitable services for which they receive government subsidies, or for extending employee benefits to non-clergy personnel who administer such programs subsidized by State or Federal Government. This applies to Nursing Homes, Hospitals, Soup Kitchens, Homeless Shelters, and any other non-religious program subsidized by State or Federal Government, including parochial schools that accept vouchers.

7) No state official, Justice of The Peace, or other person may be forced to perform or solemnize marriages which they find objectionable, nor may they be sanctioned or disciplined for exercising this right. Such objections must be stated immediately upon request for a marriage ceremony, and the applicants must simultaneously be directed to an alternative officiant when an objection is voiced.

8) Each county government, and each city of over 50,000 people, must each maintain on payroll, or have access to, at least one licensed officiant willing to perform same-sex civil marriages.

8.1) Marriage licenses, birth certificates, and other documents administered and used by The Commonwealth shall reflect the genders of married partners with accuracy and dignity. All marital arrangements shall use documentation compatible with all unions, such that no marriage shall require different documentation than others.

9) All non-religious organizations, corporations, government entities, limited partnerships, and other business interests engaged in commerce within The Commonwealth of Massachusetts shall be required to recognize all marriages licensed in Massachusetts as deserving of equal protection and dignity.

10) No non-religious organizations, corporations, government entities, limited partnerships, or other business interests may engage in commerce within The Commonwealth of Massachusetts if they exercise discriminatory practices regarding marriages licensed by The Commonwealth of Massachusetts. The Secretary of State and The State Attorney General are granted the authority and charged with the mandate of enforcing this clause, by any legal means necessary.

11) Methods of enforcement may include suspension of corporate charters and business licenses, freezing of assets, property liens, civil suits, shielding citizens, corporations, and government entities from collection of Federal taxes, banning military recruiters from operating within the state, and withholding Massachusetts National Guard units from Federal service, until such time as a corporate or government entity complies with Massachusetts State Law regarding the equal rights and protections of all Citizens of The Commonwealth of Massachusetts.

12) Persons interfering with or abridging the rights of married couples to exercise hospital visitation, medical proxy, and other catastrophic or illness-related spousal rights shall be subject to criminal prosecution. In cases where death or substantial harm takes place due to such discrimination, the minimum penalty shall be no less than one year plus one day in prison before being eligible for parole.


And lastly, this is probably far-fetched and silly, but it is possible that someday we actually will have to deal questions of cyborgs, genetically engineered humans, or even sentient androids. Much less likely is that we will discover-- and want to marry-- E.T.

The Extra-Terrestrial and Mutant Clause

In the event that intelligent, sentient, non-human terrestrial or extra-terrestrial beings are someday discovered, genetically engineered, or otherwise brought into existence, The Courts shall have the jurisdiction to decide if legalizing marriages to such beings is in the best interest of The Citizens.

Of course, that would make the whole affair look too "nutty," wouldn't it?

See related thread:

Okay, here's MY idea for a REAL marriage amendment...
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=221x16300

[paineinthearse]

1. I do not favor ANY amendment to the Massachusetts Constitution.

Marshall's version is just fine with me, but if I supported any amendment, it would be this one.

Nominated.

[Ian David]

2. Thanks! I also want an amendment that simply says, "More Cowbell." n/t

[Nothing Without Hope]

3. Any thread that helps toward fair marriage laws gets recommended by me

I will leave the specific language to the word- and legalese-masters.

Recommended, bookmarked and kicked!