[Congressional Record Volume 150, Number 121 (Thursday, September 30, 2004)]
[House]
[Pages H7888-H7895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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PROVIDING FOR CONSIDERATION OF H.J. Res. 106, MARRIAGE PROTECTION
AMENDMENT
Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 801 and ask for its immediate consideration.
The Clerk read the resolution as follows:
H. Res. 801
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the joint
resolution (H.J. Res. 106) proposing an amendment to the
Constitution of the United States relating to marriage. The
joint resolution shall be considered as read for amendment.
The previous question shall be considered as ordered on the
joint resolution to final passage without intervening motion
except: (1) two hours and 30 minutes of debate on the joint
resolution equally divided and controlled by the Majority
Leader and the Minority Leader or their designees; and (2)
one motion to recommit.
Sec. 2. During consideration of H.J. Res. 106 pursuant to
this resolution, notwithstanding the operation of the
previous question, the Chair may postpone further
consideration of the joint resolution to a time designated by
the Speaker.
The SPEAKER pro tempore (Mr. Simpson). The gentlewoman from North
Carolina (Mrs. Myrick) is recognized for 1 hour.
Mrs. MYRICK. Mr. Speaker, for the purposes of debate only, I yield
the customary 30 minutes to the gentleman from Massachusetts (Mr.
McGovern), pending which I yield myself such time as I may consume.
During consideration of this resolution, all time yielded is for the
purpose of debate only.
Mr. Speaker, on Tuesday, the Committee on Rules met and granted a
closed rule for H.R. 106, the marriage protection amendment. The rule
provides 2 hours and 30 minutes of debate, equally divided and
controlled by the majority leader and the minority leader or their
designees.
H.J. Res. 106 proposes an amendment to the Constitution of the United
States relating to marriage. The amendment states that ``Marriage in
the United States shall consist solely of the union of a man and a
woman. Neither this constitution, nor the constitution of any State,
shall be construed to require that marriage or the legal incidents
thereof be conferred upon any union other than a man and a woman.''
The constitutional amendment process is the most democratic process
in our Federal system, and it requires approval from two-thirds of each
House of Congress and three-quarters of the States by votes of their
State legislators.
This bill has come up because same-sex marriage advocates have been
using the courts and even local officials who have intentionally
violated the law to circumvent the democratic process. Passing a
constitutional amendment will place the debate where it belongs, with
the American people.
Forty-four States have already enacted laws that provide that
marriage
[[Page H7889]]
shall consist only of the union of a man and a woman. Those forty-four
States represent 88 percent of all the States and 86 percent of the
population.
As President Bush said in his State of the Union address, if judges
insist on forcing their arbitrary will upon the people, the only
alternative left to the people would be the constitutional process. To
that end, I urge my colleagues to support the rule and the underlying
bill.
Mr. Speaker, I reserve the balance of my time.
Mr. McGOVERN. Mr. Speaker, I thank the gentlewoman from North
Carolina (Mrs. Myrick) for yielding me the customary 30 minutes, and I
yield myself such time as I may consume.
Mr. Speaker, this is another sad day for the House of Representatives
and for the people that we serve. Once again, some in the leadership of
this House, including and especially the majority leader, have brought
a divisive, unnecessary, and just plain mean-spirited bill to the floor
in order to advance their own partisan political interests.
Once again, they have decided to ignore unemployment, ignore the
health care crisis, ignore record deficits, ignore national security,
in short to ignore the real concerns of the American people. Why?
You can find the answer just by looking at the calendar. We are 5
weeks from an election and there are some, not all, but some Members on
the other side of the aisle who have chosen to put aside the important
work we need to do.
By today, the 13 appropriation bills should have been signed into
law. So far, only one has the President's signature. Where is the
Homeland Security appropriation bill? Can anyone really say with a
straight face that a constitutional amendment beating up on gay people
is more important than funding our Homeland Security needs? How about
the recommendations of the bipartisan 9/11 Commission, or the
transportation bill? How about funding for schools and hospitals and
veterans? They are nowhere to be found. Instead, we get legislative gay
bashing. Another sad day.
Today, we are being asked to consider H.J. Res. 106, which would
amend the United States Constitution to ban gay marriage, to ban civil
unions, and to abolish the ability of States to interpret their own
State constitutions. So this is no small matter.
It is important to note at the outset that the Constitution clearly
prohibits the government from interfering with the marriages performed
by religious institutions. Our Founding Fathers were very clear about
this. The government cannot force any church or synagogue or mosque to
perform a religious marriage. That will not change, no matter what
happens today.
Now, there are several fundamental problems with this amendment.
First, it has long been the tradition in this country that States, not
the Federal Government, have the right to regulate marriage and other
issues of family law. And States are already addressing same-sex
marriage. When the Hawaii Supreme Court held that denying same-sex
couples the right to marriage violated the Hawaii constitution, the
voters of Hawaii passed a constitutional amendment allowing the State
legislature to limit marriage to different-sex couples.
The people of Alaska amended their constitution to define marriage as
a union between one man and one woman after an Alaskan trial court held
denying the right of marriage to same-sex couples violated the Alaskan
constitution.
States all across the country are moving in similar directions, but
that is not good enough for the supporters of this amendment. They
believe that the only way to address this issue is to add
discrimination to the United States Constitution.
Of course, the irony in all of this is that the Defense of Marriage
Act, or DOMA, was signed by President Clinton and is already the law of
the land. Under DOMA, States can already refuse to recognize marriages
from States with different policies.
I guess that fact does not make for very good press releases or 30-
second political attack ads.
Second, if this amendment becomes the law of the land, civil union
and domestic partnership laws all across the country will be thrown out
the window. Things like hospital visitation rights, family medical
leave, and inheritance rights can be taken away.
According to the Coalition Against Discrimination in the
Constitution, an organization of civil-rights groups, labor unions, and
religious organizations, this constitutional amendment would likely
prevent the civil unions enacted by the States of Vermont and
California.
Now, we will hear a lot of talk from people on the other side of the
debate today about Massachusetts, so let me talk about my home State.
Our State Supreme Court decided in favor of same-sex marriage last
year. And right now there is a legislative process underway in which
the people of Massachusetts will have the opportunity to change our own
State constitution to prohibit same-sex marriage, if they so choose.
The interesting thing is that I doubt that it will succeed in
Massachusetts. Starting on May 17, 2004, gay men and women in
Massachusetts got married, and guess what? The world kept spinning on
its axis, the sun came up the next day, people went to work, sent their
kids to school and cheered for the Red Sox. So we are doing just fine
in Massachusetts, thank you very much. And we certainly do not need
anyone from Colorado or Georgia or Texas telling us how to handle the
marriage issue in our own State.
The impeccably conservative Vice President of the United States, Dick
Cheney, said it well in 2000, and I have his words right here, and I
quote, ``The fact of the matter is that we live in a free society, and
freedom means freedom for everybody. And I think that means that people
should be free to enter into any kind of relationship they want to
enter into. It's really no one else's business in terms of trying to
regulate or prohibit behaviors in that regard. I think different States
are likely to come to different conclusions, and that's appropriate. I
don't think there should necessarily be a Federal policy in that
area.''
And those are the words of the Vice President of the United States,
Dick Cheney. The Vice President speaks from very personal experience.
He loves someone who is gay, not because she chose to be gay but
because that is just who she is.
Mr. Speaker, if this amendment passes, discrimination against a group
of people will be written into the Constitution of the United States.
If this amendment passes, we will be taking a step backward in our
march toward equal protection under the law. All of us take an oath to
uphold and defend the Constitution not to use it as a political weapon.
There are some who say that this is about protecting future
generations, our kids. Well, let me tell you in this chamber today, I
have two beautiful children, a 6-year-old son and a 3-year-old
daughter, who I love more than anything, and I do not want them to grow
up in a country where an entire group of people is treated as second
class citizens.
To those, like the gentlewoman from Colorado (Ms. Musgrave), who say
this is about protecting marriage, let me ask, just whose marriage are
you trying to protect? I am happily married, and I do not need Members
of Congress to protect my marriage. Please do not use my marriage to
promote homophobia and discrimination.
Mr. Speaker, this amendment is wrong. And to those of my colleagues
who support this amendment today, let me state clearly that you are on
the wrong side of history. It is wrong to tarnish our most sacred
document, our Constitution, with discrimination. It is wrong to take a
beautiful institution like marriage and use it as an instrument of
division and hostility.
Mr. Speaker, I urge my colleagues to do the right thing. Help secure
the blessings of liberty for all Americans. Vote ``no'' on this
amendment.
Mr. Speaker, I reserve the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield myself such time as I may consume
to say that the gentleman from Massachusetts is aware that the Homeland
Security bill, a very complicated bill, is going through, I believe,
five committees, and it is in that committee process this week and we
are going to have it on the floor next week. So it is not that the
Homeland Security bill is not going to be dealt with.
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Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr.
DeLay), the majority leader.
Mr. DeLAY. Mr. Speaker, I thank the gentlewoman for yielding me this
time, and I rise in support of the rule before us and in support of the
marriage protection amendment itself.
I am well aware that this is not a day many of us in this House
relish. Many of us who support the marriage protection amendment are
saddened that the need for this amendment exists at all. The definition
of marriage seems to us, and the vast majority of the American people,
as a matter of common sense and social reality. And many who oppose the
amendment, most I would say, see the movement to protect marriage as
mean spirited and unnecessary. In either case, most of us in this House
would prefer not to have this debate. We would prefer to live in a
society in which such debates were unnecessary, but, unfortunately, we
do not.
The question of the future of marriage in America has been forced
upon us by activist judges trying to legislate from the bench and
forced upon us in such a way that the only remaining answer is to amend
the Constitution of the United States. These are the facts, Mr.
Speaker. The majority of the American people want to protect
traditional marriage for reasons ranging from the political to the
religious to the practical. But a minority of our citizens, a vocal and
sincere minority, wish to alter the definition of marriage to include
relationships outside the union of one man and one woman.
In response to this minority opinion, the American people asserted
their consensus in 1996 when a Republican Congress and a Democrat
President worked together to enact the Defense of Marriage Act. Its
support was and remains bipartisan and overwhelming across the country.
DOMA says two things: First, that for the purposes of Federal law,
the term marriage describes a union between one man and one woman. And,
second, it says that no State, including Massachusetts, can force their
will on the rest of us. And no State under its own laws can be required
to recognize homosexual unions licensed in other States.
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That is the law as it currently stands: fair, straightforward, and
representative of an overwhelming consensus among the American people.
One would think this would be the end of the story, but it is not.
DOMA is under an incessant and coordinated constitutional attack in the
Federal courts. Despite DOMA's obvious constitutionality, those
activist judges, who feel a greater responsibility to their own
political ideology than the Constitution, seem not to care. Indeed,
inventing rights out of whole cloth, in direct violation of the will of
the people, too often seems to be the coin of the realm on the Federal
bench these days.
In such an environment, it is no surprise to me that legal scholars
on both sides of this issue, from Lawrence Tribe to Robert Bork, all
but concede DOMA will eventually be struck down because it contradicts
the tortured jurisprudence of activist judges.
Mr. Speaker, in other words, the definition of marriage will be a
matter of constitutional law one day very soon. The question before us
is whether that definition will be radical and arbitrary, or based on
the experience of human civilization dating back to the origin of our
species; whether that definition will be written by individual judges
imposing their political biases on the Nation or written by the people
of the United States through their elected Representatives in Congress
and State legislatures.
DOMA passed with broad bipartisan support. To date, 44 States have
defined marriage as the union between a man and a woman. Consensus
exists today. And yet the runaway courts keep coming, bent on replacing
Congress as the legislative authority of the United States. Let me be
plain: The status quo is not an option. Avoiding this issue is not an
option, not anymore, not since the Supreme Judicial Court of
Massachusetts invented a right to homosexual marriage out of thin air,
and not since a State court judge invented a similar right in
Washington State, not since 11 States face court challenges to their
marriage laws. This issue is not going away.
Those who know me know I am not a fan of constitutional amendments in
general. And at first I resisted this amendment in particular. But the
fact can no longer be denied. If marriage is to be protected in this
country, it can only be protected by a constitutional amendment. The
timing, substance and necessity of the marriage protection amendment
have been forced by the courts and their refusal to be bound by the
clear and absolute limits of their constitutional authority to
interpret the law. This amendment is the only way marriage will be
protected.
Now I know it is a difficult issue, and I know it is an emotional
issue for people across the political spectrum and across this country,
but it is an issue that has been forced. The people must be heard.
Congress must assume its responsibility and must respond. This debate
today will begin with that response, and, I hope, do so as it should,
with civility, respect and sensitivity to all points of view.
Mr. McGOVERN. Mr. Speaker, I yield 5 minutes to the gentleman from
Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Speaker, to begin as the majority
leader leaves, I must say when he says that the timing of this, 1 month
before an election when the issue has been pending all year, when he
says the timing was forced upon him and is not effected by political
considerations, he violates what I would recommend to the gentleman is
an important rule of political debate: No matter how advantageous one
thinks it is, try hard to believe something no one believes; it does
not really help your cause.
Beyond that, we have the most seriously misdescribed constitutional
amendment I have ever seen. Actually if the Republicans go forward with
their proposal, having created the largest deficits in our history, to
require a balanced budget some time in the far distant future, that may
be an even greater one at variance with reality. But here is the
problem: They describe an amendment very different than the one they
bring forward.
We have heard the gentlewoman from North Carolina and the gentleman
from Texas say this is aimed at preventing judges from forcing one
State to do what another State does. It does far more than that. At its
core what it does is say that no State, by whatever process it chooses,
may find that two women being willing to commit themselves to each
other legally as well as emotionally is a good thing and not a bad
thing, because that is the core of the issue.
In the State of Massachusetts, it is true we began with a court
decision. Since then, it has been debated in our legislature. The
legislature of Massachusetts very narrowly approved an amendment that
would have said no to same-sex marriages but would have mandated full
civil unions, which may also be thrown out by this amendment. That
amendment will now be debated next year.
An election is going on in Massachusetts today in which how people
voted on this is a major issue. We just had a change in the leadership
of the Massachusetts House. A speaker who opposed same-sex marriage has
been replaced by a speaker elected by the House of Representatives of
Massachusetts, in turn elected by the people, who support same-sex
marriage.
I think the question is very much in doubt, but the point is
undeniable; the political process in Massachusetts, the democratic
process in Massachusetts, is now deciding whether or not to allow same-
sex marriage.
Mr. Speaker, the other side comes with an amendment that would cancel
any decision made on this that they do not like by the people of
Massachusetts. This is not an amendment that says one State cannot do
something to another State. There would be an amendment possible. I
would not be for it, but if that is really what is meant, then we would
have an amendment that took DOMA and made it a constitutional
principle. Such an amendment would be possible. I think it would be a
mistake. I do not think it would be a good idea to freeze that, because
then we would have some real difficulties, but it would be at least in
accordance with what the other side is saying because this amendment
does far more than has been described.
It has been a rule that I have found when people in political debate
will not
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be completely open about what they are trying to do, it is because they
really know it is not defensible. Why do you not acknowledge that this
amendment would cancel a democratic decision by the people of
Massachusetts? Indeed, if the legislature decides to get rid of this,
there will be a referendum. If the legislature does not decide to get
rid of it, then a fairly small number of people can force a referendum
and we will have a referendum, very likely, in 2008.
We will have had by that time the benefit of 4 years in which same-
sex marriages happened. I understand why the opponents of same-sex
marriage are so upset. They have made a number of predictions about
what will come after same-sex marriage, none of which will be proven
true, so they are desperately trying to cut this off before it happens.
We have already had nearly 5 months of same-sex marriage. None of their
predictions were proven true, as none of their predictions were proven
true when they talked about the chaos in Vermont.
But let us understand what the House is being asked to do. If the
concern was to say judges could not decide this, if the concern was to
say full faith and credit does not apply, there would be amendments
that could be narrowly drafted to deal with that, although I would not
support them. But that is not what is here. This amendment says no
State, Vermont, Massachusetts, by whatever process, by referendum, by
vote of the legislature, by whatever process, can decide that it would
like to have same-sex marriage for its own citizens.
I will say that on behalf of the citizens of Massachusetts, who do
not share the distaste for love that is expressed in a way in which you
do not disapprove that Members of the majority have, please do not
impose your views on the people of Massachusetts. If your concern is
genuinely to prevent one State from forcing another, deal with that.
But this is an undemocratic effort to say no State may differ in this
intimate matter of public policy with your views.
Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from
Indiana (Mr. Pence).
(Mr. PENCE asked and was given permission to revise and extend his
remarks.)
Mr. PENCE. Mr. Speaker, I rise in strong support of the rule and of
the underlying Marriage Protection Act, and consider this to be an
extremely important day in the life of this institution and the life of
this Nation.
Let me say to the gentleman from Massachusetts (Mr. Frank) who just
spoke, who I respect greatly as the national leader that he is,
although I am a conservative and although I support a constitutional
amendment to define marriage in the terms which the overwhelming
majority of the American people wish to continue to define it, I have
no distaste for love; and neither is it my desire to impose views or
attack any individual or anyone in a relationship in America.
I am from south of Highway 40 in Indiana, but I do know the
difference between defending and attacking. And the truth is, as legal
scholars and millions of Americans know, the institution of marriage is
under attack by activist judges; and it brings us, as the majority
leader said so eloquently, to this place, by necessity, where a
constitutional amendment is the only way we can express the will of 3
out of 4 or more Americans who desire to continue to have this
fundamental institution of marriage defined as it has been throughout
the millennia.
Activist judges have had successes since 1999 when they convinced the
Vermont Supreme Court that they should order the State legislature to
legalize same-sex marriage. A second major victory came when they
convinced the Massachusetts Supreme Judicial Court to force that State
to give full marriage licenses.
The activists have literally plotted a State-by-State strategy to
increase the number of judicial decisions mandating same-sex marriage,
and the U.S. Supreme Court provided potent ammunition to activists when
they decided the Lawrence v. Texas case in June of last year. In that
case dealing with same-sex sodomy, the court strongly signaled that a
right to same-sex marriage could be found in the Constitution. Scholars
ranging from Supreme Court Justice Scalia all the way to Harvard
liberal scholar and author Lawrence Tribe agree that the Lawrence v.
Texas case paves the way for this Supreme Court in this Nation's
Capital to recognize same-sex marriage. Same-sex couples are now
challenging marriage laws in States across the Union, including my own
little State of Indiana.
So we come here not to attack but, rather, in a spirit of civility to
defend an institution that is cherished and is so essential to the
American people in the life of our Nation.
In closing, we are here today because marriage matters; because, like
millions of Americans, I believe it was ordained by God, instituted in
the law, it is the glue of the American people, and the safest harbor
to raise children. Let us adopt the rule, defend the institution of
marriage, and ensure that our society's most cherished social
institution is defined by we the people and not unelected judges.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, before I yield to the next speaker, I would like to
point out one thing which I find particularly interesting, and that is
at the recent Republican National Convention in New York City, all of
the featured prime-time speakers that the party decided to put on
display for us, Rudy Giuliani and George Pataki and Arnold
Schwarzenegger, all oppose what is trying to be done today. They all
oppose this constitutional amendment.
Mr. Speaker, I yield 3 minutes to the gentleman from Virginia (Mr.
Moran).
Mr. MORAN of Virginia. Mr. Speaker, today we stand on the floor of
the people's body, the United States House of Representatives, with the
intention of writing discrimination into the U.S. Constitution for the
first time in our Nation's history.
It is not so troubling that this is politically driven, what is so
troubling is the mean-spirited nature of this legislation. The marriage
protection amendment; what a cruel joke. It does not do anything to
protect marriage in this country. It does not suggest to individuals
the importance of communication in a successful relationship. It does
not reduce promiscuity or stop unwanted pregnancies. It does not
strengthen people's resolve to work through the difficulties that
always come within a marriage. It does not do any of that.
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What it does do is to single out one group of people for
discrimination, declaring them forever unworthy of the same legal
protection that all other Americans enjoy. Further, this amendment
would usurp the will of the people in States that have used their
traditional States rights authority to define civil marriage and civil
union laws. State laws passed by elected representatives in places like
Vermont will be wiped clean off the books. In situations where a loved
one is sick in the hospital, same-sex couples will once again lose the
right to sit bedside and help nurse their partner back to health. These
couples' ability to plan their financial future together and to share
health care benefits will also be forever taken away.
Mr. Speaker, we already have sufficient legislation to allow
individual States the ability to retain and structure marriage laws the
way they see fit. I opposed and continue to oppose the Defense of
Marriage Act which passed the House back in 1996, but this law is still
fully functional and in effect. No State in the Union has to accept any
other State's laws with respect to same-sex marriage. Since the bill's
enactment 8 years ago, it has not been successfully challenged in any
court anywhere in the country.
Why, then, do we need to preemptively amend our Constitution? Our
Constitution was meant to be a sacred document by which we protect and
expand individual rights, not to take them away, not to restrict them.
That is not what our country is about, and thus that is not what the
Constitution is about. That is why we ought to stand in opposition to
this crass attempt to politically divide the American public in an
election year. We ought to vote against this. We ought to vote for the
Constitution. We ought to uphold the vision of our forefathers and
expand the Constitution, use it as a document to protect individual
rights, not to restrict and destroy them.
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Mrs. MYRICK. Mr. Speaker, I yield 3\1/2\ minutes to the gentleman
from Missouri (Mr. Akin).
Mr. AKIN. Mr. Speaker, I am pleased to rise today in support of the
Marriage Protection Amendment rule. We did not ask for this debate. It
was brought on us by activist judges who have chosen to impose on the
will of the people this redefinition of marriage.
Sociologists, psychologists, and other experts can give us all sorts
of technical explanations, but we all know from experience that kids
are best off when they have a mom and a dad. And kids are what this
debate is all about. It is not about civil rights or the rights of
same-sex couples. Same-sex couples are free to live as they choose.
This amendment does not change that. Instead, this amendment simply
defines what marriage is, the union of one man and one woman.
There are some here that would claim that traditional marriage is
discriminating. But my question is this: Did 342 Members of this House
and former President Clinton in their support of the Defense of
Marriage Act discriminate when they voted that marriage is between one
man and one woman? Are we saying that 70 percent of the voters of my
State that just said that marriage is between one man and one woman,
are they discriminating? How about 80 percent of the voters of
Louisiana, are they discriminating? I do not think so.
Activist judges are trying to institutionalize a lie, that marriage
is just about big people's relationships. But they forget the little
people, about the children, the whole generation of kids who will
struggle because of the terrible precedent set by changing the
institution of marriage.
We do not have to look very far to see the results of family
deterioration. Whole cities have suffered terrible poverty and crime
because the model of traditional families has been weakened. Should we
now stand idly by while a mere handful of activist judges seek to
institutionalize the lie that marriage is disconnected from child
rearing? Certainly the experience in the Netherlands would tell us that
we should not. When they changed the definition of marriage, they had
many more children born out of wedlock.
The other night I went to dinner, and there was a beautiful little
16-year-old girl there. She had never had a family. She said that there
was one thing that she had wanted all of her life and there was only
one thing she had ever wanted and that was she wanted a family. Her
heart was telling her the truth. Think about what she had lost. Have
you ever been completely lonely? No mom? No dad? Nobody to turn to?
Think about what a family provides: the love, the affection, the
security when you have a bad dream at night, self-discipline and
obedience and the grace of forgiveness and sharing as opposed to
selfishness.
I remember as a kid riding a bicycle. I was trying to learn. My dad
ran along beside. He was so big and strong. I got it to go a ways and
crashed into a bush. I came up all crying and scratched. He put me back
on the bike and taught me something about persevering.
That is what this whole story is about. It is about little people and
whether they are going to have a mother and a father. The real
discrimination here is the activist judges who would deny children the
rich advantages of a mom and a dad. If this Congress does not act to
protect families, it is a gross dereliction of our duty.
Vote to protect our children and vote to protect marriage.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
Let me first say to the gentleman who just spoke, I guess I must
obviously have more confidence in our State legislatures across this
country than he does because State legislatures all across this country
are acting on this issue. I think they are closer to the people of the
States than in many respects we are. It seems to me that this process
is working. When he says that we are forced to be here, that we cannot
talk about getting a real highway bill, that we cannot talk about
health care, that we cannot talk about national security issues or
veterans benefits or education, but we have to be here and debate this
right now, the fact of the matter is this debate is going on all across
this country, and we should let that process make its way through.
Mr. Speaker, I yield 3 minutes to the gentleman from Massachusetts
(Mr. Olver).
Mr. OLVER. Mr. Speaker, I rise in strong opposition to this rule and
to the underlying amendment.
Mr. Speaker, soldiers and innocent civilians are dying every single
day in Iraq, 45 million Americans are without health insurance, over 35
million Americans are living in poverty, and 8 million are unemployed
and looking for work. Yet with only 10 days until recess, the
leadership of this House wastes time on a constitutional amendment that
does nothing to stop the deaths of our courageous young people in Iraq,
nothing to implement the recommendations of the 9/11 Commission,
nothing to address the health care crisis in this country, and nothing
to create jobs for unemployed workers and our growing population.
Instead, they bring forward a constitutional amendment which, if
ratified, would enshrine discrimination in the United States
Constitution, this country's most treasured document. Our Constitution
has never been amended to discriminate against a particular group of
Americans.
Gay and lesbian Americans deserve the same rights, responsibilities,
and protections as other citizens. This amendment would deny same-sex
couples the right to make medical decisions for a sick spouse, to share
health insurance, to collect Social Security death benefits, all rights
that married couples take for granted. We all have family members or
friends whose hopes and dreams this amendment would shatter, good
people whose lives should not be used as an election-year tactic to
distract attention from the incompetence of the Bush administration's
planning for and the conduct of the dismal, dismal aftermath of
President Bush's war on Iraq and to distract attention from 4 years of
deteriorating fiscal stability here at home, with record yearly
deficits, exploding national debt, and puny job growth.
Mr. Speaker, we should reject this rule and this divisive,
discriminatory amendment.
Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from
Ohio (Mr. Chabot).
Mr. CHABOT. I thank the gentlewoman for yielding me this time.
Mr. Speaker, my comments would be generally around an article which
appeared by one of my colleagues whom I greatly respect, the gentleman
from California (Mr. Cox), who spoke out against this amendment. I
generally agree with the gentleman from California (Mr. Cox), but I
have to respectfully disagree with him on this particular item.
Traditional marriage, let us face it, is under attack for the very
reasons that my colleague from California (Mr. Cox) had cited in that
article. We need a constitutional amendment to protect traditional
marriage from the courts. For the reasons cited by the Massachusetts
Supreme Court and the logic of the U.S. Supreme Court in Lawrence v.
Texas, we cannot trust the courts to interpret the law as it was
intended.
As the gentleman from California (Mr. Cox) cited in the article:
``The judicial imagination continues to thrive.'' While I believe that
rights under the 14th amendment should evolve, there must be checks.
The Marriage Protection Amendment will check this imagination and
protect marriage as it was intended.
The need for a Federal marriage amendment is simple. The traditional
institution of marriage is under Federal constitutional attack in the
courts. Legal experts across the political spectrum agree that the only
way to guarantee and preserve the status quo, and the traditional
institution of marriage, is a Federal constitutional amendment.
Immediately after the U.S. Supreme Court announced its decision in
Lawrence v. Texas in June of 2003, legal experts predicted that courts
would begin to strike down traditional marriage laws around the
country. Indeed, one justice, Ruth Bader Ginsburg, has already written,
while serving as general counsel to the American Civil Liberties Union,
that traditional marriage laws such as anti-bigamy laws are
unconstitutional and must be struck down by the courts.
A State constitutional amendment cannot solve this problem. Just ask
Nebraska, whose State constitutional
[[Page H7893]]
amendment is currently under Federal constitutional attack. And as the
gentleman from California (Mr. Cox) had acknowledged, even the
Massachusetts Supreme Judicial Court relied on the 14th amendment, a
Federal constitutional provision, to invalidate traditional marriage
laws in that State.
At least six Federal constitutional challenges to the Federal Defense
of Marriage Act, DOMA, are now pending in four States: Florida,
Minnesota, Washington, and California. A representative of the Lambda
Legal organization, a champion of the nationwide litigation campaign to
abolish traditional marriage laws in every State, recently stated, ``We
won't stop until we have same-sex marriage nationwide.''
The only way to stop the lawsuits and to ensure the protection of
traditional marriage is a constitutional amendment.
Mr. McGOVERN. Mr. Speaker, the Log Cabin Republicans, which is a very
well-known group to all of us here in the Congress, a group that voted
to endorse Bob Dole in 1996 and George Bush again in 2000, has issued a
statement entitled ``Log Cabin Republicans Vote to Withhold Their
Endorsement from President Bush.''
The statement says that it is impossible to overstate the depth of
anger and disappointment caused by the President's support for an anti-
family constitutional amendment. It goes on to say that using gays and
lesbians as wedge issues in an election year is unacceptable to Log
Cabin, and they conclude by saying that this year they will withhold
their endorsement of President Bush.
The text of the article is as follows:
Log Cabin Republicans Vote To Withhold Endorsement From President Bush
Washington, Sept. 8.--Log Cabin Republicans are withholding
their endorsement from President Bush for 2004. ``Log Cabin's
National Board has voted to withhold a Presidential
endorsement and shift our financial and political resources
to defeating the radical right and supporting inclusive
Republican candidates for the U.S. Senate and House of
Representatives,'' said Log Cabin Board Chairman William
Brownson of Ohio. The Log Cabin Board of Directors voted 22
to 2 not to endorse the President's re-election.
``Certain moments in history require that a belief in
fairness and equality not be sacrificed in the name of
partisan politics; this is one of those moments. The national
board's vote empowers Log Cabin to maintain its integrity
while furthering our goal of building a more inclusive
Republican Party. Log Cabin is more committed than ever to
its core mission to build a stronger and more inclusive
Republican Party. There is a battle for the heart and soul of
the Republican party, and that fight is bigger than one
platform, one convention, or even one President,'' said Log
Cabin Republicans Executive Director Patrick Guerriero.
The vote by Log Cabin's 25 member national board marks the
first time since the organization opened a national office in
Washington, DC in 1993 that the organization has not endorsed
the Republican nominee for President. Log Cabin endorsed Bob
Dole in 1996 and George W. Bush in 2000.
Log Cabin will devote its financial and political resources
to elect fair-minded Republican allies to local, state and
federal offices. Log Cabin will endorse more than 50 GOP
candidates for the U.S. House and Senate. ``Every victory by
fair-minded Republicans is a victory for the future of our
party. We have made it clear that we can either be the party
of Arnold Schwarzenegger and Rudy Giuliani or we can be the
party of Alan Keyes and Rick Santorum,'' continued Guerriero.
``Log Cabin has proudly supported the President's firm
leadership in the war on terror. As principled Republicans,
we believe in our Party's commitment to a strong national
defense and a confident foreign policy. We especially applaud
the President's leadership in cutting taxes for American
families and small businesses, his belief in free market
principles and his compassionate and historic leadership
in the global fight against HIV/AIDS,'' continued
Guerriero.
``At the same time, it is impossible to overstate the depth
of anger and disappointment caused by the President's support
for an anti-family Constitutional Amendment. This amendment
would not only ban gay marriage, it would also jeopardize
civil unions and domestic partnerships. For six months, the
President has made it clear what he opposes. He opposes civil
marriage equality; however he has failed to articulate
clearly what he supports. Does he support federal civil
unions? Does he support domestic partnerships? Does he
support tax fairness for gay and lesbian couples? Does he
support employment non-discrimination? Does he support hate
crimes legislation? Does he support allowing gay and lesbian
service members to serve openly and honestly?'' asked Log
Cabin Political Director Chris Barron. ``An organization's
endorsement means nothing if it does not have to be earned.''
``Some will accuse us of being disloyal. However, it was
actually the White House who was disloyal to the 1,000,000
gay and lesbian Americans who supported him four years ago.
Log Cabin's decision was made in response to the White
House's strategic political decision to pursue a re-election
strategy catered to the radical right. The President's use of
the bully pulpit, stump speeches and radio addresses to
support a Constitutional amendment has encouraged the passage
of discriminatory laws and state constitutional amendments
across America. Using gays and lesbians as wedge issues in an
election year is unacceptable to Log Cabin,'' continued
Guerriero.
``At the same time that we saw record numbers of gay and
lesbian delegates at the Republican National Convention, and
at the same convention where we saw hundreds of fair-minded
Republicans gather to support Log Cabin and our allies, our
party's platform adopted vicious and mean-spirited language
that marginalizes gay and lesbian Americans.''
Log Cabin's 2000 endorsement of the Bush/Cheney ticket came
during an election where the Republican nominee ran a
compassionate conservative campaign that avoided culture war
issues. After meeting with gay Republicans in 2000, Mr. Bush
declared ``I am a better man,'' and welcomed gays and
lesbians as valued parts of the American family. The early
days of the Bush administration were marked by significant
victories--maintaining existing anti-discrimination
protections for federal employees, appointing openly gay
employees throughout the Administration, a continuing
dialogue with our organization, and the extension of survivor
benefits to gay and lesbian partners who lost loved ones on
9/11.
Unfortunately these early successes were short-lived.
``Last year, a dramatic and disappointing shift occurred
rooted in Karl Rove's public acknowledgment that the 2004 re-
election campaign would focus on turning out four million
more evangelicals who he believed stayed home in 2000,'' said
Guerriero. The President's initial reluctance to amend the
Constitution became full-fledged support on February 24th of
this year.
Log Cabin has spent most of the year fighting the anti-
family Federal Marriage Amendment. This fight culminated with
a July victory in the Senate when a growing chorus of
Republican opposition of the amendment forced the pro-
amendment faction to play procedural games to avoid an
embarrassing loss. As many as a dozen or more Republican
Senators were prepared to oppose the FMA on its merits.
``During the fight over the anti-family FMA, we sadly
watched as the President and his Administration leaned on
Republican members of the House and Senate to support this
divisive and unnecessary amendment. We watched as the
President's support for this anti-family amendment emboldened
the forces of fear and exclusion to push anti-gay ballot
initiatives and legislation on the state and local level. We
watched as the radical right works to defeat fair-minded
Republicans across the nation. We watched as the Republican
Party Platform rejected our Party Unity Plan and included
language opposing not only civil marriage but also civil
unions, domestic partnerships or indeed any basic benefits
for same-sex couples. At a time when courageous gay and
lesbian military personnel are helping to win the war on
terror, the platform outrageously claims `homosexuality is
incompatible with military service','' continued Guerriero.
The GOP platform language continues to target gays and
lesbians and fails to present a positive agenda to ensure
basic fairness for millions of gay Americans, who pay taxes,
serve in the military, enhance communities, and serve in
government.
Throughout this challenging year Log Cabin has doubled in
size and launched new chapters were none existed. Log Cabin
successfully led the fight against the Federal Marriage
Amendment with its first ever television advertising
campaign, worked with 18 GOP lawmakers in passing hate crimes
legislation in the Senate, and continued supporting and
educating state and local officials. Log Cabin was proud to
be the only gay and lesbian organization to endorse Arnold
Schwarzenegger's campaign for Governor of California. Log
Cabin also was proud to see many of its closest allies
speaking in primetime at the Republican National Convention.
``It is not surprising to anyone at Log Cabin that the
President's first real bounce in the polls came after a
convention that highlighted inclusive Republicans and focused
on unifying issues such as winning the war on terror. Log
Cabin knows that the 2006 and 2008 elections will highlight a
new generation of inclusive Republican leaders,'' said
Guerriero.
Log Cabin calls on both major parties to return to the
issues that unite the American family instead of fueling an
unnecessary culture war. Log Cabin also denounces the
continued flip-flops on gay and lesbian issues from
Democratic nominee John Kerry. Senator Kerry has repeatedly
made clear his opposition to civil marriage equality and has
supported discriminatory constitutional amendments in
Massachusetts and Missouri.
Log Cabin is firmly committed to seeing inclusive
Republicans elected in 2004. Log Cabin will continue to
oppose and expose any efforts to marginalize gays and
lesbians. We also will continue to make it clear that the
only way the GOP can continue as the majority party is to
reach out to all Americans. Log Cabin also will continue to
make it clear
[[Page H7894]]
that the gay and lesbian community can realize full equality
only if it works on building new alliances with conservative
and centrist Americans.
``The battle for the heart and soul of the Republican Party
has just begun. We are confident that the politics of
inclusion and hope will prevail over the politics of
exclusion and fear. History, fairness and common decency are
on our side,'' concluded Guerriero.
Last week, Log Cabin launched a new television advertising
campaign to take this fight for the GOP's future directly to
the American people. The ad makes it clear that the party has
a choice. We can be the party of hope, in the best tradition
of Ronald Reagan, by uniting around issues that bring
Republicans together, like winning the war on terror; or the
party can divide Americans with the politics of intolerance
and fear that only lead to hate.
Mr. Speaker, I reserve the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman
from Maryland (Mr. Bartlett).
(Mr. BARTLETT of Maryland asked and was given permission to revise
and extend his remarks.)
Mr. BARTLETT of Maryland. Mr. Speaker, there seems to be some
confusion as to what constitutes marriage. In the Christian community,
and we are a Christian Nation, you can affirm that by going back to our
Founding Fathers and their belief in how we started, among Christians,
marriage is generally recognized as having started in the Garden of
Eden. You may go back to Genesis to find that and you will note there
that God created Adam and Eve. He did not create Adam and Steve. A
union between other than a man and a woman may be something legally,
but it just cannot be a marriage, because marriage through 5,000 years
of recorded history has always been a relationship between a man and a
woman.
{time} 1330
More than just Christian societies have marriage. And why would every
recorded society through 5,000 years of recorded history, why would
they all have marriage as a union between a man and a woman? It is
because societies, one and all, have recognized that marriage is a very
important institution. And why is it important? It is because the usual
product of marriage is children. And the state, or the tribe or
whatever the organization is, all through history recognized that there
is a responsibility for the assurance that the children brought into
the world as a result of marriage are going to be cared for, which is
why all of these societies have recognized that children should not be
born out of that relationship, and that relationship is fundamentally
there to make sure that their society is going to be perpetuated
because children are going to be cared for, if not by the parents, then
by the society that has recognized this relationship.
I think that a society is at risk when the institution of marriage,
so fundamental to the stability of society, is put at risk.
So I am in strong support of this rule and the bill that follows.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
I would just point out to the gentleman who just spoke that there is
no law in this country that forces any given religion to recognize any
particular marriage. Religions are separate from what we are talking
about here today. I just want to remind the gentleman that there are
non-Christians who live in this Nation as well, and I would hope that
he would believe that this country is equally theirs as well.
Mrs. MYRICK. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Bartlett).
Mr. BARTLETT of Maryland. Mr. Speaker, I would note that I had
mentioned that not only Christian nations but every society through
5,000 years of recorded history has recognized the institution of
marriage as being essential to the stability of their society. We are a
Christian society, but I recognize that every other society, no matter
what their origin, has certified that marriage is important to the
stability of their society. It is to ours. It was to theirs.
I support the rule, and I support the bill.
Mr. McGOVERN. Mr. Speaker, I reserve the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Feeney).
Mr. FEENEY. Mr. Speaker, I thank the gentlewoman for yielding me this
time.
I have to tell the Members I cannot imagine a more important debate,
sadly, that we must have. The question is whether or not the United
States House of Representatives is going to sit idly by and be silent
while activist radical judges unravel the very fabric of our society by
undoing the basic building block that has made this and every
civilization that has ever been successful a success.
What we have got to recognize is that we have an obligation as a
Congress here. Yes, there are three separate and equal branches of
government in the United States under our wonderful Constitution given
to us from the Founders. However, it is unfortunate that all too often
lately, the judicial branch has essentially forced legislature into
drafting reactions to what they have invaded, which is the territory of
the Congress in making laws for the country. And thus this
constitutional amendment is absolutely necessary.
Of course, a healthy jealousy between the three branches is always a
good thing. It was designed by Madison and the Framers in order to have
a give and take between the three branches. But it is emphatically
within the province of the Congress to make laws that affect the people
of the United States of America, and all too often courts are trying to
do that for us.
Today, we are here to protect the very definition of marriage. The
American people have spoken very clearly time after time about the
importance of defending the traditional view of marriage. This
amendment does not prohibit any consensual behavior between any two
American citizens. It does not prevent any two people from behaving
however they would like. What it does do is to defend for our children,
for our posterity, the traditional, historic definition of marriage.
It is unfortunate that the will of the people increasingly is being
violated by activist judges so that they can impose like philosopher-
kings their view of a better way to do things, and they have certainly
come up with a better way to do traditional family life. And they are
going to, as they did in Massachusetts, try to impose it on all
Americans.
Thomas Jefferson, near the end of his life, wrote in a letter to
Edward Livingston on March 25, 1825: ``One single object . . . will
merit the endless gratitude of society: that of restraining the judges
from usurping legislation.''
Mr. Speaker, with that, I beg Congress to protect marriage, protect
our children, protect our future. Vote for this amendment.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
I would like to read a Q and A between Vice President Dick Cheney and
a questioner in Davenport, Iowa, on August 24, 2004, because I think it
helps to kind of put this in perspective, and maybe some of my
colleagues should listen to this.
The question was: ``We have a battle here on this land as well. And I
would like to know, sir, from your heart, I don't want to know what
your advisors say or even what your top advisor thinks, but I need to
know, what do you think about homosexual marriages?''
And the Vice President responded: ``Well, the question has come up
obviously in the past with respect to the question of gay marriage.
Lynn and I have a gay daughter, so it's an issue that our family is
very familiar with. We have two daughters, and we have enormous pride
in both of them. They're both fine young women. They do a superb job,
frankly, of supporting us. And we are blessed with both our daughters.
``With respect to the question of relationships, my general view is
that freedom means freedom for everyone. People ought to be able to be
free, ought to be free to enter into any kind of relationship they want
to. The question that comes up with respect to the issue of marriage is
what kind of official sanction or approval is going to be granted by
government, if you will, to particular relationships. Historically,
that's been a relationship that has been handled by the States. The
States have made that basic fundamental decision in terms of defining
what constitutes a marriage. I made clear 4
[[Page H7895]]
years ago, when I ran and this question came up in the debate I had
with Joe Lieberman, that my view was that that's appropriately a matter
for the States to decide and that's how it ought to be best handled.''
I very rarely agree with the Vice President of the United States, but
I think he makes an awful lot of sense on this issue, and I think he
makes a compelling case why we should not be moving forward with a
constitutional amendment.
Mr. Speaker, I reserve the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield 2 minutes to the gentleman from
South Carolina (Mr. Barrett).
Mr. BARRETT of South Carolina. Mr. Speaker, I thank the gentlewoman
for yielding me this time.
Mr. Speaker, this afternoon, we will debate and vote on the Marriage
Protection Amendment. And let us be clear. This debate today is not
about denying anyone rights. This is ensuring that the will of the
people is protected.
My home State of South Carolina is one of 44 States that has already
enacted laws defining marriage as a union between a man and a woman.
They voted, and they decided how marriage should be defined. So I stand
here today as their representative, wondering why that will and that
the will of over 70 percent of Americans nationwide should be tossed
aside because a few activist judges disagree.
Unfortunately, as we stand here today, we are faced with the fact
that a handful of these judges have taken it upon themselves to hand
down rulings that in effect amend the Constitution of the United
States. They have circumvented the democratic process with their
rulings. Therefore, the decision we are now left with is not whether
the Constitution will be amended but who will amend it, activist judges
or the American people.
Every American should have the opportunity to vote on this important
issue. The institution of marriage deserves protection. It is our most
basic social institution for protecting children. Preserving it sends a
message to our children about marriage and traditional family life and
values.
Mr. Speaker, I hope my colleagues will join me today in supporting
the marriage protection amendment. It is time to get the debate back
where it belongs, with the American people.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
I would just like to read a couple of other quotes here which I think
are enlightening. One from John McCain, Republican Senator from Arizona
where he said: ``The constitutional amendment we're debating today
strikes me as antithetical in every way to the core philosophy of
Republicans.'' He added, the amendment ``usurps from the States a
fundamental authority they have always possessed and imposes a federal
remedy for a problem that most States do not believe confronts them.''
Let me read one other quote here. ``It seems to me that the power to
regulate 'commerce' can by no means encompass authority over mere gun
possession any more than it empowers the Federal Government to regulate
marriage, littering, or cruelty to animals throughout the 50 States.
Our Constitution quite properly leaves such matters to the individual
States.'' And that is from the words of Supreme Court Justice Clarence
Thomas in U.S. v. Lopez.
Mr. Speaker, today, we have the opportunity to do the right thing. We
have the opportunity to reject the politics of division and
discrimination. We have the opportunity to protect the Constitution of
the United States, to stay on the path toward equal protection under
the law for every single American. We have the opportunity to act in a
way that reflects well on this institution and the people we are
elected to serve.
I am encouraged, Mr. Speaker, by the number of Republicans who will
vote ``no'' on this misguided constitutional amendment today. And I am
proud to stand with them.
We will hear a lot about Massachusetts today. A son of our State
named John F. Kennedy once said, ``The heart of the question is whether
all Americans are to be afforded equal opportunities, whether we are
going to treat our fellow Americans as we want to be treated.'' Mr.
Speaker, that is indeed the heart of the question.
I urge my colleagues to seize this opportunity, vote ``no'' on this
constitutional amendment.
Mr. Speaker, I yield back the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
____________________