[3-6-04]

The Rev. Elenora Giddings Ivory, Director of the Presbyterian Washington Office, joined a number of people on March 3, 2004, speaking out prior to a Senate hearing on a possible constitutional amendment to define marriage. Among the other speakers was Sen. Mark Dayton, D-Minn., who is a Presbyterian, and who spoke against the amendment.

Ms. Ivory's statement:

Rev. Elenora Giddings Ivory
Director, Washington Office
Presbyterian Church (USA)
202-543-1126
March 3, 2004
FEDERAL MARRIAGE AMENDMENT

Good morning, my name is Rev. Elenora Giddings Ivory and I am the director of the Washington Office of the Presbyterian Church (USA). Our General Assembly is the national decision making body for this 215 year old historic denomination with approximately 11,500 congregations all across in the United States and Puerto Rico.

In 2002, the 214th annual meeting of the General Assembly of the Presbyterian Church (USA), voted disapproval for the resolution calling for a Federal Marriage Amendment. At this same Assembly, the commissioners voted to reaffirm decades of social witness policy that supports the civil rights and non-discrimination for all persons, regardless of sexual orientation.

Indeed, the Presbyterian Church's position on this issue dates back to 1996 when the General Assembly was asked to consider commenting on a 1995 pending decision by the Hawaii Supreme Court on the issue of equal access to the civil rights of marriage for same sex couples. In response to this resolution, the (1996) General Assembly commissioners, voted to affirm the "church's historic definition of marriage as a civil contract between a man and a woman, yet recognizing that committed same-sex partners seek equal civil liberties in a contractual relationship with all the civil rights of married couples, we urge supporting legislation in favor of giving civil rights to same sex couples."

We are mindful that a proposal to amend the Constitution should not be taken lightly and that the Federal Marriage Amendment would restrict the civil rights of millions of Americans. Civil rights are a fundamental right under the constitutions of the United States and its constituent states and territories. Because these constitutions guarantee equal protection of the law, the states should permit gay and lesbian couples access to the civil status of civil marriage and to share fully and equally in the rights and responsibilities of that status. We urge Congress to reject this Amendment.

Notably, while the Presbyterian Church General Assemblies have affirmed the civil right of same sex couples to civil marriage, it retains its religious practice and view that "Marriage is a gift God has given to all humankind for the well-being of the entire human family. For Christians, marriage is a covenant through which a man and a woman are called to live out together before God their lives of discipleship. In a service of Christian marriage a lifelong commitment is made by a woman and a man to each other, publicly witnessed and acknowledged by the community of faith." [Presbyterian Church (USA) Book of Order W-4.9001].

Few decisions by religious bodies are more central than who can take part in important religious rituals or services, including marriage. The Constitution bars any court or legislature from requiring any religious institution or person to perform marriage ceremonies for anyone. Indeed, the Constitution protects houses of worship in their freedom to limit marriages on whatever theological grounds they choose. The First Amendment already protects religious organizations from governmental interference in such matters, and constitutional definitions of marriage therefore are unnecessary. The Constitution should be reserved for affirmation of democratic values of equal rights and not delineating negative ones. Again, the Federal Marriage Amendment should be rejected.