March 8, 2004

The Honorable Robert Travaglini
Senate President
330 State House
Boston, MA 02133

Dear President Travaglini:

The NAACP vigorously opposes President George W. Bush’s attempt to pass a federal constitutional amendment banning same-sex marriage.

We also oppose state-level attempts to do the same thing, and I am writing to urge you to oppose any similar restriction in Massachusetts.

We do not take a position for or against same-sex marriage. People of good will can and do have heartfelt differences on this question. But we believe there are right and wrong ways to address policy questions. There is no such thing as a moderate or “compromise” amendment that in any way enshrines treating one group of people differently than others.

Hilary Shelton, the NAACP’s Washington Bureau Director, told the Senate Judiciary Sub-Committee on the Constitution on March 3rd that the NAACP is:

“greatly disappointed that President George Bush and others have decided to enter this election cycle by endorsing an amendment that would forever write discrimination into the Constitution, rather than focusing on the critical challenges and problems that affect the lives of all of us.”

In Georgia, black members of the State House of Representatives provided 39 of the 50 no votes and abstentions that helped defeat a state constitutional amendment to ban same-sex marriages.

In Mississippi, black legislators cast the only 17 votes against a similar measure.

Many of these lawmakers are church deacons or ministers. Like most Americans, they hold different views about same-sex marriage.

“What I see in this is hate,” Georgia State Representative Georgiana Sinkfield said, “but what if we put this in the Constitution, what’s next? People with dark hair? You’re opening the floodgates for people to promote their own prejudices.”

For the NAACP, the issue is clear – President Bush’s amendment is an attempt to write bigotry into the constitution. Its state-level variations have the same aim.

Only 17 times since the adoption of the Bill of Rights have we amended the Constitution. Aside from Prohibition, which was quickly realized as a mistake and repealed, we’ve amended the Constitution to expand and protect people’s rights, never to restrict or take them away.

Particularly troublesome is the argument that there are no parallels between discrimination against gays and lesbians and against blacks, and that the former are seeking “special rights.”

Of course there are important differences in our history and experiences. Only African-Americans were enslaved. Only African-Americans still suffer from slavery’s legacy.

But discrimination is wrong no matter who the victim is. There are no “special rights” in America; we are all entitled to life, liberty, and happiness’ pursuit. There is no race-based admission test requirement for civil rights. Our rights are not color-coded; they are available to all.

I served for 20 years in Georgia State House and Senate; I recall difficult decisions my colleagues and I had to make, often torn between conscience and public opinion.

I hope you will say no to any attempt to memorialize discrimination in Massachusetts.

Best wishes,

Julian Bond
Chairman
NAACP National Board of Directors