LANCASTER COUNTY, PA - The state Senate
Wednesday approved a proposed amendment to the state constitution
that would define marriage as a man-woman union, but some of its
supporters might consider it a defeat.
Senators, on a 38-12 vote, passed an amendment that is
different than one the House approved earlier this month. Because
the amendments passed by the two chambers are different, it could
delay by two years a voter referendum on the measure.
The
Senate amendment reads: "Only a marriage between one man and one
woman shall be valid or recognized as a marriage in this
Commonwealth."
The House version includes a provision some
say not only bans gay marriage but also outlaws other domestic
partnerships, such as civil unions.
State Sens. Gibson E.
Armstrong and Noah Wenger -- both Lancaster County Republicans --
approved the Senate version Wednesday.
Armstrong said it was
not an easy vote to cast.
"Bottom line is, by voting for the
watered-down amendment, we still have a chance to keep things
going," Armstrong said.
Wenger said voting against the Senate
version would have had devastating consequences for the proposed
amendment.
"Had we voted against that, the bill would have
been dead," he said. "This keeps the issue alive and an opportunity
for further debate and further amendment and whatever might
happen."
The House version passed June 6 by a 136-61 vote,
but the Senate Judiciary Committee stripped the provision about
domestic partnerships, with one Republican arguing it was
unnecessary and confusing to constitutional scholars and
voters.
State Rep. Scott Boyd -- the Lampeter Republican who
was the House bill's prime sponsor -- has argued the extra language
is essential in the event of a court challenge against the
amendment.
The Senate's action could undermine the amendment
and push back voter approval to 2009, Boyd has said.
Boyd was
not available for comment Wednesday night.
He has said
without the House's provision a gay couple could receive a civil
union license in another state, where it is lawful, then return to
Pennsylvania to challenge the watered-down marriage amendment by
pointing to the U.S. Constitution's 14th Amendment.
That
amendment -- championed after the Civil War by 19th century
statesman Thaddeus Stevens of Lancaster -- protects the equal status
of citizens across state lines.
The bill now goes to the
House, and if House members reject it, they can call for a
legislative panel to draw up a compromise.
To amend the state
constitution, the House and Senate would need to pass identical
bills in consecutive legislative sessions, and the amendment would
be put to a voter referendum.
Dave Pidgeon's e-mail address
is dpidgeon@lnpnews.com.