| Resolution Number: | 2009-C023 |
|---|---|
| Title: | Refer a Resolution on Civil Statutes Defining Marriage |
| Legislative Action Taken: | Referred |
| Final Text: | |
Resolved, That the 76th General Convention call on Congress to repeal the so-called “Defense of Marriage” statute passed on September 21, 1996 [Public Law No. 104-199, 110 Stat. 2419, codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C]; and be it further
Resolved, That the Convention call on all Episcopalians to work against the passage of so-called “Defense of Marriage” state statutes and state constitutional amendments, and, in states where such statutes or constitutional amendments already exist, to work for their repeal.
Referenced Statutory Language:
28 U.S.C. Section 1738C reads as follows: “No State, territory, or possession of the United States, or Indian Tribe, shall be required to give effect to any public act, record or judicial proceeding of any other State, territory, possession or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession or tribe, or a right or claim arising from such relationship.”
1 U.S.C. Section 7 reads as follows: “In determining the meaning of any Act of Congress, or any ruling, regulation or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.”
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Anaheim, 2009 (New York: General Convention, 2009), p. 811. |
|---|
Legislative History
| Author: | Diocese of Newark |
|---|---|
| Originating House: | House of Deputies |
| Originating Committee: | Committee on National and International Concerns |
House of Deputies
The House of Deputies Committee on National and International Concerns presented its Report #29 on Resolution C023 (Defense of Marriage Statutes) and moved adoption with amendment.
Original Text of Resolution:
(C023)
Resolved, the House of Bishops concurring, That the 76th General Convention reject the belief that the existence of marriage, civil union or domestic partnership between same-sex individuals has a detrimental effect on opposite-sex marriage; and be it further
Resolved, That the Convention call on Congress to repeal the so-called “Defense of Marriage” statute passed on September 21, 1996 [Public Law No. 104-199, 110 Stat. 2419, codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C]; and be it further
Resolved, That the Convention call on all Episcopalians to work against the passage of so-called “Defense of Marriage” state statutes and state constitutional amendments, and, in states where such statutes or constitutional amendments already exist, to work for their repeal.
Committee Amendment:
Resolved, the House of Bishops concurring, That the 76th General
Convention reject the belief that the existence of marriage, civil
union or domestic partnership between same-sex individuals has a detrimental
effect on opposite-sex marriage; and be it further
Resolved, That the Convention call on Congress to
repeal the so-called “Defense of Marriage” statute passed on
September 21, 1996 [Public Law No. 104-199, 110 Stat. 2419, codified at 1
U.S.C. § 7 and 28 U.S.C. § 1738C]; and be it further
Resolved, That the Convention call on all Episcopalians to work against the passage of so-called “Defense of Marriage” state statutes and state constitutional amendments, and, in states where such statutes or constitutional amendments already exist, to work for their repeal.
Referenced Statutory Language:
28 U.S.C. Section 1738C reads as follows: “No State, territory or possession of the United States, or Indian Tribe, shall be required to give effect to any public act, record or judicial proceeding of any other State, territory, possession or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession or tribe or a right or claim arising from such relationship.”
1 U.S.C. Section 7 reads as follows: “In determining the meaning of any Act of Congress, or any ruling, regulation or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.”
Deputy Holt of Central Florida on behalf of the Lay and Clergy Deputations of Central Florida and the Lay and Clergy Deputations of Albany called for a Vote by Orders on Resolution C023.
Deputy Trambley of Northwestern Pennsylvania moved the previous question.
Motion carried
Debate terminated
Ballot #7 — Vote By Orders
A Vote By Orders was taken on Resolution C023.
Ballot #7 taken by orders
Results of Ballot #7: Vote By Orders on Resolution C023
The Secretary read the results of Ballot #7 including the no and divided votes by diocese.
Motion carried
Resolution adopted with amendment
(Communicated to the House of Bishops in HD Message #295)
Deputy Gould of Massachusetts, on behalf of the Lay and Clergy deputations of Massachusetts, made a motion to reconsider Resolution C023. The President ruled that, since some voting results were in question, the motion would be postponed until the votes could be corrected.
Corrected Results of Ballot #7: Vote By Orders on Resolution C023
The President called on the Secretary to read the corrected voting results on Resolution C023:
| Diocese | Lay | Clergy |
| Alabama | N | D |
| Alaska | Y | N |
| Albany | N | N |
| Arizona | Y | Y |
| Arkansas | D | N |
| Atlanta | Y | Y |
| Bethlehem | Y | Y |
| California | Y | Y |
| Central Ecuador | N | N |
| Central Florida | N | N |
| Central Gulf Coast | N | N |
| Central New York | Y | Y |
| Central Pennsylvania | Y | Y |
| Chicago | Y | Y |
| Churches in Europe | Y | N |
| Colombia | N | N |
| Colorado | Y | D |
| Connecticut | Y | Y |
| Dallas | N | N |
| Delaware | Y | Y |
| Dominican Republic | N | N |
| East Carolina | N | N |
| East Tennessee | D | N |
| Eastern Michigan | Y | Y |
| Eastern Oregon | Y | Y |
| Easton | Y | D |
| Eau Claire | Y | Y |
| El Camino Real | D | D |
| Florida | N | D |
| Fond du Lac | N | N |
| Fort Worth | Y | N |
| Georgia | N | N |
| Haiti | N | N |
| Hawaii | Y | D |
| Honduras | N | N |
| Idaho | Y | Y |
| Indianapolis | Y | Y |
| Iowa | Y | Y |
| Kansas | Y | D |
| Kentucky | Y | Y |
| Lexington | Y | D |
| Litoral Ecuador | N | |
| Long Island | Y | Y |
| Los Angeles | Y | Y |
| Louisiana | N | N |
| Maine | Y | Y |
| Maryland | Y | Y |
| Massachusetts | Y | Y |
| Michigan | Y | Y |
| Milwaukee | Y | Y |
| Minnesota | Y | Y |
| Mississippi | Y | Y |
| Missouri | Y | Y |
| Montana | D | Y |
| Navajoland Area Mission | N | Y |
| Nebraska | Y | Y |
| Nevada | Y | Y |
| New Hampshire | Y | Y |
| New Jersey | Y | D |
| New York | Y | Y |
| Newark | Y | Y |
| North Carolina | Y | Y |
| North Dakota | Y | N |
| Northern California | Y | Y |
| Northern Indiana | Y | N |
| Northern Michigan | Y | Y |
| Northwest Texas | Y | Y |
| Northwestern Pennsylvania | D | D |
| Ohio | Y | Y |
| Oklahoma | N | D |
| Olympia | Y | D |
| Oregon | Y | Y |
| Pennsylvania | Y | D |
| Pittsburgh | D | N |
| Puerto Rico | Y | Y |
| Quincy | Y | N |
| Rhode Island | Y | Y |
| Rio Grande | N | N |
| Rochester | Y | Y |
| San Diego | Y | Y |
| San Joaquin | Y | Y |
| South Carolina | N | N |
| South Dakota | N | N |
| Southeast Florida | Y | Y |
| Southern Ohio | Y | Y |
| Southern Virginia | Y | Y |
| Southwest Florida | D | N |
| Southwestern Virginia | Y | Y |
| Spokane | Y | Y |
| Springfield | N | N |
| Taiwan | N | |
| Tennessee | N | N |
| Texas | N | N |
| Upper South Carolina | N | N |
| Utah | Y | Y |
| Venezuela | ||
| Vermont | Y | Y |
| Virgin Islands | D | N |
| Virginia | D | Y |
| Washington | Y | Y |
| West Missouri | Y | Y |
| West Tennessee | N | N |
| West Texas | N | N |
| West Virginia | Y | Y |
| Western Kansas | D | N |
| Western Louisiana | N | N |
| Western Massachusetts | Y | Y |
| Western Michigan | Y | Y |
| Western New York | Y | D |
| Western North Carolina | D | Y |
| Wyoming | Y | Y |
| Type | Total | Necessary | Yes | No | Divided | No+Div | Results |
| Lay: | 109 | 55 | 70 | 28 | 11 | 39 | Carried |
| Clergy: | 109 | 55 | 59 | 36 | 14 | 50 | Carried |
Deputy Gould of Massachusetts withdrew his motion to reconsider Resolution C023.
Motion withdrawn
Special Order of Business
Deputy Hall of San Joaquin moved to reconsider Resolution C023 (Defense of Marriage Statutes).
Deputy Green of San Diego moved the previous question.
Motion carried
Debate terminated
A vote was taken to reconsider Resolution C023.
Motion defeated
House of Bishops
The House of Bishops Committee on National and International Concerns presented its Report #60 on HD Message #295 on Resolution C023 (Defense of Marriage Statutes) and moved concurrence.
The Bishop of North Carolina moved to refer the resolution to the Executive Council.
Motion carried
Resolution referred to Executive Council
(Communicated to the House of Deputies in HB Message #298)
House of Deputies
The House of Deputies Committee on National and International Concerns presented its Report #29 on HB Message #298 on Resolution C023 (Defense of Marriage Statutes) and moved to concur with referral to the Executive Council.
Motion carried
Resolution referred to Executive Council
(Communicated to the House of Bishops in HD Message #400)
[Editor’s Note: The Action of the House was not communicated to the House of Bishops as they had already adjourned.]
Resolution Referred to a Standing Commission by Both Houses.
| Abstract: | The 76th General Convention refers to a Standing Commission a resolution calling on Congress to repeal the "Defense of Marriage" statute and to oppose similar legislation elsewhere. |
|---|