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Group demands W.Va. session to ban gay marriage

October 15, 2008 @ 11:30 PM

CHARLESTON -- As the general election approaches, a Christian evangelical group has issued an ultimatum to Gov. Joe Manchin: call a special session to pass a proposed constitutional amendment banning same-sex marriage, or face the wrath of voters.

The Family Policy Council of West Virginia told the governor on Oct. 9 that he had until Wednesday to agree to call the Legislature into session. The conservative group cites polling it commissioned of around 500 registered voters that it says found 73 percent supported an amendment defining marriage as a "union of one man and one woman."

"The donors to this organization, as well as my board, are asking -- rather stridently -- that we release the poll to the public as soon as possible," Jeremy Dys, the group's president, said in a letter to the governor's office. "If he has determined that the timing is not right, the duty I have to our donors and the Board of Directors requires that I release this as soon as possible."

But Manchin's office says West Virginia already passed a law in 2000 that calls marriage "designed for a woman and a man." The law also specifically rules out recognizing same-sex marriages granted elsewhere, Manchin general counsel Carte Goodwin noted.

"The Governor believes that West Virginia is currently poised to deflect any outside assault on the definition of marriage," Goodwin wrote. "Accordingly, the need to convene an extraordinary session of the Legislature is simply lacking."

Supporters of a constitutional amendment fear a judge could void the statute. Last week, Connecticut's Supreme Court joined its counterparts in California and Massachusetts in ruling that gay couples have the right to marry.

Amending the constitution would also require a statewide vote. Dys said such a vote should take place next year, when no legislative seats are up for election, so "no politician should fear displacement from their current position, should that be of any concern," his letter said.

But Dys also called for a special session this year, arguing "the current legislature is a known quantity and our analysis shows strong support for the passage of such a resolution."

Dys said Wednesday that he will issue an open letter to Manchin on Thursday, "urging him to allow West Virginia voters to protect marriage with an amendment." The group also said that ministers from around the state plan to announce their support of the campaign.

Gay marriage was one of several wedge issues wielded by Don Blankenship, the Massey Energy Co. chief executive, during his multimillion-dollar effort to hand Republicans a majority in the House of Delegates in 2006. The Democrats instead added seats that year. He had supplied more than $391,000 to social conservative groups as part of that campaign.

Twenty-seven states have approved anti-gay marriage ballot measures, including seven in 2006. Similar measures are being considered in California, Florida and Arizona this year. Voters in the latter state rejected it in 2006.

Dys' letter also indicates that he first broached the topic with Manchin in early August, and invokes the backing of the national Alliance Defense Fund. The conservative legal group has supported anti-gay marriage efforts in other states. It also orchestrated last month's Pulpit Freedom Sunday, during which 33 pastors in 22 states weighed in on the presidential race with their sermons.

The goal was to invite IRS scrutiny and a legal fight the group hopes will lead to restrictions stemming from the tax-exempt status being found unconstitutional.

The Family Policy Council of West Virginia is a successor to the West Virginia Values Coalition, which had been founded in 2005. It is allied with similarly named groups in other states as well as with Focus on the Family and the Family Research Council, according to its Web site.

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