*QL-ED*: AL considers repealing interracial marriage ban

[Doug Case <Doug.Case@sdsu.edu>]

Birmingham News, March 11, 1999
( http://www.al.com/birmingham  )
First step taken to repeal interracial marriage ban
ROBIN DeMONIA,  News staff writer
     MONTGOMERY – A measure to repeal Alabama's ban on interracial marriages
cleared its first legislative hurdle Wednesday – but only after some lawmakers
made sure the action wouldn't pave the way for same-sex weddings.
     The questions arose because Attorney General Bill Pryor's proposed
constitutional amendment would replace the interracial marriage ban with an
anti-discrimination clause.
     If the Legislature and Alabama voters approve, the state's Constitution
for the first time will guarantee citizens equal protection of laws regardless
of race, religion and gender – language that mirrors the U.S. Constitution.
     "This is so important, it should be part of our fundamental law," Chief
Deputy Attorney General Richard Allen told the House of Representatives'
Judiciary Committee.  "We need to have this provision in there."
     Some members worried that equal protection based on gender could open the
door for homosexuals to marry.
     "You can read something into this," said Rep. Blaine Galliher, D-Gadsden.
"Somebody's going to have to get out there and tell Bubba this is not a
problem."
     Allen said the proposed amendment does not address sexual orientation and
would offer no opening for homosexual marriages.
     The concerns were disturbing to George Olsson, Montgomery-area
coordinator for the Gay and Lesbian Alliance of Alabama.  He noted that a
homosexual's killing in Sylacauga has brought national scrutiny to Alabama and
that the Judiciary Committee next week plans to consider a proposed law that
would establish special penalties for hate crimes, including those rooted in
sexual orientation.
     "I was offended by the subject even coming up," Olsson said after
Wednesday's committee meeting.  "The comments indicate once again that
homophobia does exist.  It's dislike to the point of being hatred."
     Despite the initial concerns, the panel voted without opposition to send
the proposed amendment to the full House for consideration.  The measure must
be approved by a three-fifths majority in the House and Senate to clear the
way for a statewide vote.
     The proposal's sponsor, state Rep. Alvin Holmes, D-Montgomery, said he
believes it will be approved by Alabama voters.  All other Southern states
have repealed their bans on interracial marriages, leaving Alabama the only
state in the nation with such a prohibition.
     "If Mississippi can repeal it ... it's not going to harm the citizens of
Alabama," Holmes said.
     Allen noted that the interracial ban has been declared unconstitutional
under federal laws and can't be enforced anyway.
     While he supported lifting the interracial marriage ban, state Rep. Dave
Thomas, R-Springville, said it might have more chance of success if separated
from the equal protection issue.  "Perhaps they might ought to travel
separately," he said, expressing concern that voters might take the combined
measure as permission for gay marriage.
     "You have to have faith in the voters' enlightenment," responded state
Rep. Bill Fuller, D-LaFayette, chairman of the Judiciary Committee.

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