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Democratic Party polled on gay unions

By JIM THARPE
The Atlanta Journal-Constitution
Published on: 03/23/04

Georgia House leaders have surveyed fellow Democrats about whether a controversial ban on same-sex marriage should be considered for another vote.

House Speaker Terry Coleman (D-Eastman) has said he wants the proposal to come before the House for a second vote before the legislative session ends, but it currently is stalled in the House Rules Committee. Opponents of Senate Resolution 595 are trying to keep it bottled up in committee until the General Assembly adjourns April 2, a move that would kill the proposal for the year.

Democratic leaders, who control the House, would not reveal the survey's results — or say what influence that survey might have on the legislation's future.

"You try to get a feel for where your membership is, and to read any more into it would be far-fetched," said state Rep. Calvin Smyre (D-Columbus), who chairs both the Rules Committee and the House Democratic Caucus.

Smyre said the survey consisted of "four or five" questions — about SR 595 and other legislation — passed out Monday to House Democrats. The Rules chairman said he will not permit SR 595 to be brought up in his agenda-setting committee today and was reluctant to comment on its legislative timetable.

"It's still cloudy," he said. "I'm sure that within the next few days it will be more definitive as to what action is going to occur."

The resolution, which would set up a November referendum to place a gay-marriage ban in the state constitution, has been the year's most controversial piece of legislation. Legislators have been the target of well-coordinated lobbying and demonstrations by the Christian Coalition, which supports the ban, and the state's largest gay-rights organization, Georgia Equality, which opposes it.

State law prohibits gay marriage in Georgia, but supporters say a constitutional ban is needed to guard against the law being overturned by the courts. Opponents contend conservatives are trying to drive a wedge between philosophically divided Democrats.

The issue has split Democrats, with most African-Americans and liberal whites opposing SR 595, while conservative whites have sided with Republicans in supporting it. The resolution failed by three votes to get the necessary two-thirds majority on its first House vote Feb. 26. House members voted to reconsider the decision, and the resolution was sent to Smyre's committee where it has remained.

Supporters contend they have the 120 votes to pass the measure if they can get it back to the House floor for a vote.

State Rep. Bill Hembree (R-Douglasville), a key House proponent, questioned the Democratic survey in light of assurances he has been given.

"That's strange because we have a commitment from the Speaker [Coleman] to bring it back out for a vote," Hembree said. "He told me specifically, 'Bill, we'll have a vote on it before the session is over.' "

The Metro Atlanta Chamber of Commerce waded into the fray this week. On Tuesday, executive committee board member Ben F. Johnson III wrote to state Rep. Karla Drenner (D-Avondale Estates) expressing concern about "Section B" of the proposal. Drenner is the Legislature's only openly gay member.

"Some will interpret the new language as an invitation for the courts to interfere with domestic partner benefits given by most of America's largest companies," Johnson warned.

Supporters of the ban have characterized that argument as bogus, arguing that the current law includes essentially the same provision.

Two attempts to drop Section B have failed. Smyre, however, said the business community's concerns are resonating with his committee.

"I've got members coming to me with three options," he said. "Some say let it [SR 595] out. Some say don't let it out. And some want it out with Section B gon