[Congressional Record Volume 142, Number 123 (Tuesday, September 10, 1996)]
[Senate]
[Page S10129]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        DEFENSE OF MARRIAGE ACT

  The Senate continued with the consideration of the bill.
  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate, equally divided, prior to the vote on passage of 
H.R. 3396, the Defense of Marriage Act.
  Who yields time?
  Mr. KENNEDY. Mr. President, I yield myself 1 minute.
  Mr. President, during the debate this morning, we had excellent 
presentations by the Members who spoke at length about the serious 
legal and constitutional concerns raised by this bill. The first 
concern was that for over 200 years the States themselves have had 
sufficient power in recognizing or not recognizing marriage conditions 
in other States. They have done that for 200 years, and 15 States now 
have already indicated they would not recognize same-sex marriages, so 
they have the authority already after 200 years.
  Second, by trying to enhance or diminish the full faith and credit 
provisions of the Constitution, that is basically unconstitutional. We 
cannot enhance full faith and credit. We cannot diminish it. It is a 
constitutional issue, and authority and action by statute cannot affect 
it. Therefore, I think, there are serious questions about the 
constitutionality.
  Third, Mr. President, this is really, I think, a dangerous precedent. 
Today it is marriage, tomorrow it may be divorce, the third day it may 
be custody. Where will it end?
  Mr. President, I do not think support of this is wise judgment. The 
States have the authority to be able to deal with it. It is 
particularly not necessary at the present time. I hope the legislation 
will be defeated.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. NICKLES. Mr. President, today the State of Hawaii's court is 
considering a case that would legalize same-sex marriage. This bill 
does not ban same-sex marriage, it just says that any State does not 
have to recognize a marriage performed in a State that does legalize 
same-sex marriage either through the courts or through legislation. I 
think this is a positive bill. Senator Byrd spoke eloquently on it.
  In addition to that, this bill defines marriage as a legal union 
between male and female. It is almost absurd or unheard of to think we 
would have to do that. A lot of people, a lot of gay activists are 
requiring that we do that.
  Mr. President, I urge our colleagues to support this legislation. It 
is constitutional. We do have opinions from the Attorney General and 
others in the Justice Department saying that it is constitutional. I 
urge my colleagues to support this important piece of legislation 
today.
  The PRESIDING OFFICER. The question is on the third reading of the 
bill.
  The bill was ordered to a third reading and was read the third time.
  The PRESIDING OFFICER. A rollcall has not been requested.
  Mr. KENNEDY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The yeas and nays have been ordered, and the clerk will call the 
roll.
  The bill clerk called the roll.
  Mr. FORD. I announce that the Senator from Arkansas [Mr. Pryor] is 
necessarily absent.
  The PRESIDING OFFICER (Mr. Kempthorne). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 85, nays 14, as follows:

                      [Rollcall Vote No. 280 Leg.]

                                YEAS--85

     Abraham
     Ashcroft
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Bradley
     Breaux
     Brown
     Bryan
     Bumpers
     Burns
     Byrd
     Campbell
     Chafee
     Coats
     Cochran
     Cohen
     Conrad
     Coverdell
     Craig
     D'Amato
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Exon
     Faircloth
     Ford
     Frahm
     Frist
     Glenn
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Harkin
     Hatch
     Hatfield
     Heflin
     Helms
     Hollings
     Hutchison
     Inhofe
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kohl
     Kyl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Murkowski
     Murray
     Nickles
     Nunn
     Pressler
     Reid
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Shelby
     Simpson
     Smith
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Warner
     Wellstone

                                NAYS--14

     Akaka
     Boxer
     Feingold
     Feinstein
     Inouye
     Kennedy
     Kerrey
     Kerry
     Moseley-Braun
     Moynihan
     Pell
     Robb
     Simon
     Wyden

                             NOT VOTING--1

       
     Pryor
       
  The bill (H.R. 3396) was passed.
  Mr. NICKLES. Mr. President, I move to reconsider the vote.
  Mr. SIMPSON. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

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