Constitutional changes: One’s hot, one’s not – but both popular

By Trevor Aaronson, Commercial Appeal
November 8, 2006

Constitutional amendments to ban gay marriage and to provide property-tax relief to the elderly received overwhelming support from Tennessee voters in local and statewide returns Tuesday night.

With 1,941 of 2,330 precincts reporting, the marriage amendment received 1,213,336 yes votes – 81 per cent - to just 282,941 votes against. The property tax amendment received similar lopsided approval, 1,119,068 yes to 233,434 no votes.

In Shelby County, with 257 of 279 precincts reporting, the marriage amendment received huge approval by 191,478 to 49,075 or nearly 80 percent. The property tax amendment won similar approval, 183,300 to 43,845 or nearly 81 percent.

One amendment is controversial, the other benign.

Amendment 1 would shore up a Tennessee law that already defines marriage as the exclusive right of heterosexual couples.

State Sen. David Fowler, R-Signal Mountain, sponsored the amendment as a measure to prevent Tennessee’s Defense of Marriage Act from being overturned in the future.

Gay-rights groups, such as Initiative:Fairness in Memphis and the Nashville-based Tennessee Equality Project, campaigned vigorously against Amendment 1 on street corners and online.

The less publicized Amendment 2, which was sponsored by state Sen. Mark Norris, R-Collierville, would reinvigorate a 1979 state law that was struck down by a Shelby County court in 1980 as unconstitutional.

The new amendment would allow cities and counties to freeze taxes paid by residents over age 65, ensuring that seniors would not be forced out of their homes if property values and tax rates increase in the twilight of their lives.

Norris said Amendment 2’s passage would be a win for seniors as well as for fiscally responsible government.

Earlier in the day, Norris was concerned that the amendment might be struck down. Despite the absence of public opposition, Norris alleged that state and local leaders had conducted a "whisper campaign" against the amendment.

"There’s a tendency for government bureaucrats to resist this type of referendum, to resist this type of tax relief," Norris said.

Owing to a mistake, the Secretary of State’s Office neglected to include some of Amendment 2’s language on the ballot. Many polling stations in the state displayed signs informing voters of the problem.

"How this could have happened at this late date is beyond me," Norris said, wondering if the gaffe were intentional.

Under Tennessee law, passage of constitutional amendments requires more than a simple majority at least 50 percent, plus one, of the number of votes cast in the gubernatorial contest.

Mark Norris Official Web Site

Mark Norris Personal Web Site

Tennesse Senate Republican Caucus

Senator Mark Norris
303 War Memorial Building,
Nashville, Tennessee 37243-0232
Phone 615-741-1967
1-800-449-8366

Email: Sen. Mark Norris