OHALAH RESOLUTION IN OPPOSITION TO THE MARRIAGE PROTECTION ACT RECENTLY APPROVED BY THE UNITED STATES HOUSE OF REPRESENTATIVES

WHEREAS, the U.S. House of Representatives has passed the Marriage Protection Act, and

WHEREAS, the Religious Action Center of the Union of Reform Judaism has passed the following resolution urging members of the U.S. Senate to oppose the Marriage Protection Act, and

WHEREAS, the Eleventh of the Eighteen Principles of ALEPH which are incorporated by reference in OHALAH's Constitution states: We recognize respectful and mutual expressions of adult human sexuality as potentially sacred expressions of love, and therefore we strive to create communities that include and welcome a variety of constellations of intimate relationships and family forms -- -among them gay, lesbian, and heterosexual relationships as well as single life-paths. 

NOW, THEREFORE, OHALAH: Association of Rabbis for Jewish Renewal hereby adopts the following resolution and encourages its members and their constituents to encourage their U.S. Senators to vote against the Marriage Protection Act:

The Marriage Protection Act, which the House approved today, sets a dangerous precedent that could come back to haunt everyone. Today the target is same-sex marriage, but this legislation could be used as justification for future Congresses to strip the courts of their ability to review statutes on gun control, reproductive rights, religious liberty, or other controversial areas of law. We count on the federal courts to be isolated from the turbulence of the political atmosphere of the day. What if an earlier Congress had successfully told federal courts that they had no role in de-segregating our nation's schools?

The Marriage Protection Act attacks the very foundation of our legal system, the separation of powers. The federal courts serve as a necessary safeguard to ensure that no legislation oversteps the constitutional bounds defined by the Framers. The Marriage Protection Act obliterates this important protection by anointing Congress both maker and arbiter of the law regarding same-sex relationships. This directly contravenes the Framers' intent and threatens the Constitution itself.

All Americans must have equal access to the levers of justice. Congress should not cut the federal courts out of the process simply because lawmakers fear the potential outcome of judicial review. The integrity of our legal system depends on the separation of powers and on the people's constitutional right to their day in court. Should this dangerous legislation come up for a vote in the Senate, I strongly urge senators to reject it.

  If you want to help, please copy the following letter and send it

to your Congressman

Dear Member of Congress,

I/we urge you to oppose H.J Resolution 56/S.J. Resolution 26, and any similar proposals that would define marriage in our founding document.  We are part of a religious tradition with a deep commitment to democracy and justice.  We believe that such amendments would undermine the very purpose of the Constitution, unfairly discriminate against deserving families and children, and undermine our nation’s commitment to religious liberty.    

We believe that adding an amendment specifically to discriminate against a group of people is morally wrong, and runs counter to both the purpose of the Constitution and how it has been interpreted.  We believe, as did the founders, that the Constitution exists to “…promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.”  Over time, this vision has been expanded again and again to include good deserving people whose rights and liberties were being denied. It is telling that the one time the Constitution was amended during a period of intense national conversation to take away a right, namely Prohibition, the decision was later reversed.

We are once again at a time of intense national conversation over a social issue, with new developments happening on a daily basis. The definition and benefits of marriage are being considered in legislatures and living rooms all across America. The proposed amendment would pre-empt these discussions, leaving the nation with a definition of marriage that could fuel discrimination against same-sex couples and families for decades. For example, the proposed amendment could easily be interpreted to deny employee benefits like health insurance to same-sex partners and their children. How, we wonder, does this promote the general welfare? For families and children who are denied access to the more than 1,200 federal and state benefits of marriage, this amendment could mean years of hardship that is both unnecessary and unfair.

The proposed amendment also raises grave concerns from a perspective of religious liberty. To date, no administrative or judicial decision in any state or locale would require a religious group to perform any marriage against its will. This is as it should be. The proposed amendment, on the other hand, would impose a singular, religious definition of marriage on the whole nation.   The eleventh of the Eighteen Principles of ALEPH:  Alliance for Jewish Renewal states, “We recognize respectful and mutual expressions of adult human sexuality as potentially sacred expressions of love, and therefore we strive to create communities that include and welcome a variety of constellations of intimate relationships and family forms -- -among them gay, lesbian, and heterosexual relationships as well as single life-paths.”  For religious groups with a different view of matrimony, will it be unconstitutional for us to recognize same-sex unions as marriages?

Finally, we are troubled that Congress would spend time on this amendment when there are so many critical issues facing the nation, including serious budget shortfalls, ongoing conflict in Iraq, and reauthorizing Temporary Assistance for Needy Families (TANF).  In order to focus on these real problems, and avoid making a fundamental change to the purpose of our Constitution that could result in decades of discrimination, I/we urge you to oppose H.J Resolution 56/S.J. Resolution 26 and all other similar proposals that would define marriage in the Constitution.

Please do not hesitate to contact me for more information.

With Blessings and Best Wishes to each of you and your families,

YOUR NAME