by Jesse, Hughes, State Republican Press Secretary
posted March 1, 2005
NASHVILLE—Senator Jeff Miller (R-Cleveland) fought off a blatant attempt to derail passage of the Marriage Protection Amendment, Senate Joint Resolution 31, when an opponent of the measure tried to attach a hostile amendment on the Senate floor. After guiding the Senate to defeat the hostile amendment, Senator Miller moved for approval of the measure on third and final reading. The Marriage Protection Amendment passed overwhelmingly in a 29-3 vote.
The three nay votes were all cast by Senate Democratic leaders – the Senate Democratic Caucus Chairman and two of their Senate Committee Chairmen. The Senate Democratic Minority Leader was not recorded as voting on the bill.
“I am pleased with the progress of the Marriage Protection Amendment in the Senate and look forward to its passing the House soon to give the people the right to vote on this very important issue,” stated Senator Miller, the prime sponsor of the resolution who also serves as the Senate Republican Majority Caucus Chairman.
“I appreciate the support and unanimous vote of all the members of the Senate Republican Majority Caucus. I very much appreciate the bipartisan support and vote from three-quarters, 12 out of 16, of the Senate Democrats who voted in favor of the measure. Eight out of the 12, or half of the Senate Democratic Caucus, even went so far as to sign on as co-sponsors. Clearly, rank-and-file Democrat members who are in step with Tennesseans know the will of the people when it comes to the definition of marriage as being a contract between one man and one woman.
“We did not ask for this fight. This fight was forced upon us by those who are seeking to redefine marriage in court by cozying up to activist judges. Activist judges liberally read their own thoughts and views into constitutions in order to ‘find’ rights which don’t exist,” said Senator Miller.
“The people have a right to be heard through a referendum. A referendum gives the people the opportunity to speak clearly through their Constitution, not only to legislators and governors, but also to judges.”
The Marriage Protection Amendment will allow voters the right to decide in a referendum on whether to place explicit language in their state Constitution to define marriage in Tennessee as it is historically known in this country, as a contract between one man and one woman.
When people seek to redefine the meaning of marriage, the people, not activist judges in the courts, should decide the issue. Many fear that activist judges might overturn Tennessee’s current Defense of Marriage Act, of which Senator Miller was a sponsor in 1996.
Four of the five judges now seated on the Tennessee Supreme Court ‘found’ some right supposedly lurking in the state Constitution in its controversial 4-1 decision in 2000 which overturned abortion law in the landmark case of Planned Parenthood of Middle Tennessee vs. Don Sundquist.
Only one of the five, Justice Barker, dissented from that wrong-headed abortion decision.
“It only takes three of the five justices to throw out a statute. Our Marriage Protection Act may be challenged by very aggressive same-sex agitators who are now trying in other states to turn marriage into something it is not. It’s only a matter of time before someone enters into a same-sex marriage in Massachusetts, only to turn around and file a lawsuit here in an attempt to force Tennessee to recognize that same-sex marriage as valid,” concluded Senator Miller.
The Senate has done its part.
The House Finance, Ways, and Means Committee recommended the Marriage Protection Act for passage Tuesday and the full House is expected to take up SJR 31 next week.
If the matter receives a two-thirds vote by each house, the question would be placed before the voters in the November 7, 2006, general election. To become a part of the people’s Constitution, it would have to receive a yes vote from a majority of those voting in the governor’s election held on the same ballot.
Senator Miller has been in the forefront of the fight to defend marriage in Tennessee from the beginning. He was a sponsor of Tennessee’s Defense of Marriage Act in 1996. At that time, those trying to destroy marriage as we know it were on the offensive in Hawaii. Last year, they were on the offensive in Massachusetts and San Francisco, California. Today they are on the offensive in New York City. Tomorrow may bring yet more attacks on marriage as a contract between one man and one woman. The Defense of Marriage Act was placed into statute in anticipation that the fight one day might make its way here. Today, Senator Miller continues to lead the charge in the Senate to give the people the opportunity to make the decision rather than leaving it up to a handful of judges in Nashville.
A copy of SJR 31, the Marriage Protection Amendment Resolution, may be found online at http://www.legislature.state.tn.us/bills/currentga/BILL/SJR0031.pdf .
Senator Miller represents Senate District 9 which includes Bradley, Meigs, McMinn, and Polk counties.
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