CHARLESTON -- Many legislators from both political parties in the 100-member West Virginia House of Delegates support a constitutional amendment that would make it clear a legal marriage in West Virginia can only be between a man and woman. But there may not be enough of them to force a vote by all 100 members on this controversial issue.

The first test came Wednesday afternoon at a meeting of the House Constitutional Revision Committee. Republicans filed a written motion to take the issue up, but the Democrat majority of 17 members voted against that motion while the eight Republicans voted to consider the proposal, according to Delegate Kelli Sobonya, R-Cabell.

Delegate Jim Morgan, D-Cabell, is also a member of the House Constitutional Revision Committee. He confirmed the outcome but explained the action somewhat differently.

"The vote was not on the DOMA (defense of marriage amendment)," he said afterwards. "It was a vote on the procedural issue where a minority of the committee were trying to usurp the previous right given to the chair to set the agenda. This right is always given at the first opening meeting of the committee. The motion to place the unauthorized item on the agenda was defeated."

There have been rumors for several days that Republicans in the House want to have the issue brought to the House floor for debate and a recorded vote.

"I'll be surprised if there isn't a motion soon to discharge the (House Constitutional Revision) committee so we can get this issue on the House floor for a vote by the entire membership," said House Minority Leader Tim Armstead, R-Kanawha. He's one of six co-sponsors of House Joint Resolution No. 5 that would ask voters statewide to decide if the West Virginia constitution should be amended to "restrict marriage to one man and one woman; and to prohibit the state from recognizing same sex marriages."

Yesterday's committee action merely challenged the right of the committee chair, Delegate Barbara Fleishchauer, to set the committee agenda and decide which issues will be on the committee agenda. The committee did vote to recommend the governor's proposed constitutional amendment to reduce or eliminate county property taxes on business equipment and inventory in any county that wishes to take this step. It now goes to the House Finance Committee.

House Majority Leader Brent Boggs, D-Braxton, is one of the three Democrat co-sponsors that also includes former House Finance Chairman Harold Michael, D-Hardy, and Delegate Ricky Moye, D-Raleigh.

"We just want a chance to debate this controversial issue on the House floor," said Moye. "I know there are people in both parties that support this and people on both sides who oppose it. Those opposed can vote against it and those of us in favor of it can vote for it."

House Rule No. 82 allows for a motion to discharge a committee from further consideration of any bill or resolution if the proposal has been in the committee for five days. HJR5 was introduced and referred to the Constitutional Revision Committee on Jan. 13 -- the first day of the 2010 regular legislative session. So the resolution has been in committee for 29 days now. A motion to discharge the committee can be made by any member and will require a majority vote of the members present to bring the issue to the House floor.

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