Out on a Limb with the Constitutional Amendment
October 8, 2006
Ralph and Carol DiBiasio-Snyder

Many of you know that from time to time Ralph and I climb out on a limb hoping no one brought a saw to church, and preach about a controversial topic. Today's topic is timely. Election Day is only a few weeks away. (Thank goodness, since I know that even the candidates are getting sick of all the political ads!) We've chosen to talk about the proposed constitutional amendment. This is near to our hearts. We could also have chosen to speak on the death penalty since there is an advisory referendum on the ballot concerning that too. But I preached an Out On a Limb sermon on the death penalty in the fall of 1998. There are copies in the narthex in case you missed it!

We invite you to be part of the Scripture reading today. It is responsive and you'll find your part marked with a "C" in the bulletin.

READING OF THE SCRIPTURES (L=Leader, C=Congregation)

Micah says, Do justice. Amos says, Let justice roll down like waters. Justice - we hear the prophet's cry for justice again and again in the Scripture. Justice! From across the centuries, through the pages of the Bible we hear the command for justice, equality, righteousness, doing what is right, fairness. We humans have not always been fair and just; but God has always called us to be better than that. Let justice roll down!

It wasn't fair that the Hebrews were enslaved by the Egyptians. So Moses demanded liberation, Let my people go! Let justice roll down!

It wasn't fair that in Amos' time the rich lived in luxury while the widows and orphans stood hungry in the streets. He cried out, Let justice roll down like waters.

It wasn't fair that in our country whites grew rich while their slaves suffered violence and hardship with no freedom to pursue their happiness. So abolitionists rose up to end slavery with the 13^{th Amendment, in 1865, and to extend the vote to black men in 1870 in the 15th Amendment. Let justice roll down!}

It wasn't fair that only men could vote in this country, and so after decades of protest and struggle and hard work women were extended the right to vote, by the 19th Amendment, in 1920. Let justice roll down!

It wasn't fair that African Americans were cruelly discriminated against in schools, at the polls, at their employment, in the armed services, and so people marched and sang, were martyred and overcame with the Civil Rights Act of 1964. Let justice roll down!

It wasn't fair that laws banned a black man and a white woman (or a white man and a black woman) in love from legally marrying, and over time those laws were changed, but it took until 1967 - fewer than forty years ago - for the Supreme Court to strike down the last law that kept interracial couples from their pursuit of happiness and enjoying equal protection under the law. Let justice roll down!

And today it isn't fair to single out a group of people and say to them, "You cannot share in the over 1,200 rights, benefits, and responsibilities of marriage that the rest of us have. Because of who you are, how you are made, what the rest of us enjoy you may not."

And that's one of the reasons we are voting No on the proposed amendment November 7th. Let justice roll down!

The constitution of the United States and that of Wisconsin exist to protect the rights of citizens - whether it be freedom of religion or assembly, the sanctity of one's home, the right to bear arms - we call the first 10 amendments to the constitution The Bill of Rights, after all. This amendment, if passed, would do the opposite: it would write discrimination into the foundation of our life as a society - the state's constitution - and that's not fair.

Nineteen past and present State Bar presidents recently issued a statement opposing passage of the amendment. In part they said, "Wisconsin's constitution . . . Is a document which grants rights to citizens. It is not, has not been, and should not be used as a political means to restrict the rights of any citizen."

So we fear that passage of this amendment writes discrimination into our state constitution, and hurts thousands and thousands of Wisconsonites. That's another reason we're voting No.

What does the Lord require of us? The prophet Micah says, Love kindness.

Kindness to David and Jeff, partners for twelve years, parents to two adopted children, but, because they cannot marry, only one of them can be recognized as the legal parent, and if he were to die, the parental rights of the other are in jeopardy.

Love kindness. Kindness toward Karen who was prevented from visiting Sarah, her partner of fifteen years, after emergency surgery because the hospital limited visitation to "family only."

Love kindness. Kindness toward Barb and Bridget who have been together thirty years, but Barb cannot be on her partner's health insurance because her employer does not recognize them as a family.

Love kindness. Kindness toward teens who stuggle to understand their sexual identity. Like fifteen year old Beth who is discovering that she is a lesbian, and seventeen year old Greg who is struggling with his sexual orientation. These teens are met with ridicule at school and even church, and often have thoughts of suicide.

It's important to know that the state of Wisconsin, you need to know, already defines marriage as a "a legal relationship between 2 equal persons, a husband and a wife, who owe each other mutual responsibility and support." One man, one woman : that is the law of the land. Further, Wisconsin law does not recognize a marriage entered into elsewhere between two people of the same gender.

Now, we think that is wrong. We hope for a day when gay men and lesbians who love each other, and want to commit themselves to each other and take on the responsibilities of marriage for the good of their relationship and the good of society will be able to do that, like others. So we personally regret that Wisconsin restricts marriage to heterosexual people.

But even if you believe that marriage should only be allowed between a man and a woman, you need to know that the law already defines it that way. Voting No doesn't change that! Marriage will still be legal only for a man and a woman.

But voting Yes will say something very negative to the Davids and Jeffs, Karens and Sarahs, Barbs and Bridgets, Beths and Gregs of our state and our city - something very negative to gay men, lesbians, bi-sexual and transgender people who are our neighbors, our family members, our friends, our brothers and sisters in this congregation, co-workers, people we care about, people we don't know but deserve the same happiness we all seek.

We're voting No because passing the amendment will say to gay men and lesbian adults and teens in Wisconsin, and to people considering moving to our state, in no uncertain terms, "You are not welcome as you are; you are not accepted, really, fully; because of who you are, you cannot enjoy the same rights we do." That's what we fear will be the message if the amendment passes. And that's not good for families, it is not good for our economy, it is not good for folks who just want a to pursue the same happiness as others.

Some call this the Defense of Marriage Amendment. I'd like to quote Peter Gomes, pastor of Memorial Church at Harvard University, on this idea. He says,

What does the Lord require? That we let justice roll down; that we love kindness; and that righteousness flows like a never-ending stream.

Righteousness: doing what is right.

Doing what is right for everyone. Doing what is right for children. Children like Renata and Juilian, the adopted children of our friends Barbara and Lia. Renata and Julian, twin children who needed a family, two babies who needed a home, two babies who found a loving, creative, warm home and extended family who love them. Renata and Julian and thousands of children like them deserve all the protections that civil unions or marriage would offer their parents.

Let righteousness flow like a never-ending stream.

Doing what is right. It's the children, our children, our vulnerable little ones who will also suffer.

Let righteousness flow like a never-ending stream.

Doing what is right. The second sentence of the proposed amendment will have a far-reaching effect on many adults and children in our state.

Six years ago, the census for Wisconsin reported that there were over 117,000 households in our state headed by two unmarried adults. 117,000 households in which, for a whole variety of reasons, people are living together, but are not legally married. This second sentence of the proposed amendment bans anything like a "civil union" for gay men and lesbians AND very likely will have drastic effects on any "domestic partnerships."

A number of corporations and institutions do recognize "domestic partnerships" now - for straight couples and for same-gender couples - and extend to those domestic partnerships benefits like health insurance and retirement plans. In turn, those benefits extend to children in those families as well.

We are voting No on the amendment because of the very real probability that its passage would jeopardize the legal status and benefits presently offered to domestic partners - again, "straight" and gay men and lesbian partners and to their children. This is not right.

Many other states have already passed similar amendments to their constitutions and we can now see how those amendments have impacted people in those states. In Ohio, Michigan, Utah, and Missouri, for example, the courts have applied these amendments to deny domestic partnership benefits such as health insurance, and have even denied to partners in unmarried households protections against domestic violence. This is not right. Let righteousness flow like a never-ending stream.

The people this amendment will hurt are people not so different from us, in fact they are many of us. People with the same hopes and dreams. People who pay taxes, catch the flu, stay home with sick children, worry about money, want to be at the hospital bedside with their loved one, who go to work, who struggle to balance the stresses of life, who laugh and cry, who fall in love, who fall out of love, have hobbies, want acceptance, who make mistakes, who need community, people like you and me, people who deserve to pursue happiness on the same level ground with all of us.

What does the Lord require of us?

And Jesus said, Love God with all you have, and all you are, and love your neighbor as yourself. That's it. All the pages and pages of laws and rules, all the writings of all the prophets are summed up there. Love God. Love yourself. Love others, as you love yourself. It all comes down to love, doesn't it? Jesus loved everyone, everyone, everyone. And that's why we're voting no.