03/09/1998 01:35 PM Senate JUD

              SCR 25 - APPEAL OF MARRIAGE DECISION                             
                                                                               
SENATOR LEMAN said his opening comments on SJR 42 also apply to                
this bill and he had no further comment. He did recommend an                   
amendment to the committee.                                                    
                                                                               
CHAIRMAN TAYLOR asked if the appeal has yet been filed. SENATOR                
LEMAN said he understood it would be filed today. CHAIRMAN TAYLOR              
asked for testimony on SCR 25 and there was none. He did note that             
several opponents of SJR 42  indicated that the matter should be               
left up to the court, CHAIRMAN TAYLOR suggested they would support             
this resolution.                                                               
                                                                               
SENATOR MILLER moved amendment #1 and SENATOR ELLIS objected for               
the purpose of an explanation. SENATOR MILLER replied it looked                
self-explanatory. CHAIRMAN TAYLOR asked about the phrase "bearing              
in mind that this is a court authorized by the people." SENATOR                
ELLIS commented it is apparently not all that self-explanatory.                
SENATOR LEMAN said he believed that the Supreme Court must be                  
contemplative in deciding this.                                                
                                                                               
Number 120                                                                     
                                                                               
MR. MIKE PAULEY, staff to SENATOR LEMAN, said the amendment is                 
technically inaccurate as there is not yet an appeal in progress,              
he said the revised language is more appropriate. He said the                  
phrase "bearing in mind it is a court authorized by the people"                
simply speaks to the issue that it is a discretionary matter and               
the court does not have to take it up, but given the great social              
and legal ramifications, the public has an interest in the court               
granting review, which they do not have to do.                                 
                                                                               
SENATOR PARNELL suggested removing that phrase, as the court is                
well aware of that fact and to be expressly reminded of it might               
generate some negative connotations and detract from their goal.               
                                                                               
SENATOR PARNELL moved this as an amendment to the amendment: the               
deletion of the phrase "bearing in mind it is a court authorized by            
the people." Without objection, it was so ordered.                             
                                                                               
CHAIRMAN TAYLOR said that brought back the original motion, the                
passage of Amendment #1 as amended. SENATOR ELLIS maintained his               
objection, roll was called and the amendment (#1) was adopted.                 
                                                                               
SENATOR MILLER moved SCR 25 out of committee out of committee with             
individual recommendations. SENATOR ELLIS objected, roll was called            
and SCR 25 moved out of committee with individual recommendation.