    [Public Papers of the Presidents of the United States: George W. Bush (2004, Book I)]
    [February 24, 2004]
    [Pages 263-264]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Remarks Calling for a Constitutional Amendment Defining and Protecting
    Marriage
    February 24, 2004

        Good morning. Eight years ago, Congress passed and President
    Clinton signed the Defense of Marriage
    Act, which defined marriage for purposes of Federal law as the legal
    union between one man and one woman as husband and wife. The Act passed
    the House of Representatives by a vote of 342 to 67 and the Senate by a
    vote of 85 to 14. Those congressional votes and the passage of similar
    defense-of-marriage laws in 38 States express an overwhelming consensus
    in our country for protecting the institution of marriage.
        In recent months, however, some activist judges and local officials
    have made an aggressive attempt to redefine marriage. In Massachusetts,
    four judges on the highest court have indicated they will order the
    issuance of marriage licenses to applicants of the same gender in May of
    this year. In San Francisco, city officials have issued thousands of
    marriage licenses to people of the same gender, contrary to the
    California Family Code. That code, which clearly defines marriage as the
    union of a man and a woman, was approved overwhelmingly by the voters of
    California. A county in New Mexico has also issued marriage licenses to
    applicants of the same gender. And unless action is taken, we can expect
    more arbitrary court decisions, more litigation, more defiance of the
    law by local officials, all of which adds to uncertainty.
        After more than two centuries of American jurisprudence and
    millennia of human experience, a few judges and local authorities are
    presuming to change the most fundamental institution of civilization.
    Their actions have created confusion on an issue that requires clarity.
        On a matter of such importance, the voice of the people must be
    heard. Activist courts have left the people with one recourse. If we are
    to prevent the meaning of marriage from being changed forever, our
    Nation must enact a constitutional amendment to protect marriage in
    America.
        Decisive and democratic action is needed, because attempts to
    redefine marriage in a single State or city could have serious
    consequences throughout the country. The Constitution says that ``full
    faith and credit shall be given in each State to the public acts and
    records and judicial proceedings

    [[Page 264]]

    of every other State.'' Those who want to change the meaning of marriage
    will claim that this provision requires all States and cities to
    recognize same-sex marriages performed anywhere in America.
        Congress attempted to address this problem in the Defense of
    Marriage Act by declaring that no State must accept another State's
    definition of marriage. My administration will vigorously defend this
    act of Congress. Yet there is no assurance that the Defense of Marriage
    Act will not, itself, be struck down by activist courts. In that event,
    every State would be forced to recognize any relationship that judges in
    Boston or officials in San Francisco choose to call a marriage.
    Furthermore, even if the Defense of Marriage Act is upheld, the law does
    not protect marriage within any State or city.
        For all these reasons, the defense of marriage requires a
    constitutional amendment. An amendment to the Constitution is never to
    be undertaken lightly. The amendment process has addressed many serious
    matters of national concern. And the preservation of marriage rises to
    this level of national importance.
        The union of a man and woman is the most enduring human institution,
    honoring--honored and encouraged in all cultures and by every religious
    faith. Ages of experience have taught humanity that the commitment of a
    husband and wife to love and to serve one another promotes the welfare
    of children and the stability of society. Marriage cannot be severed
    from its cultural, religious, and natural roots without weakening the
    good influence of society. Government, by recognizing and protecting
    marriage, serves the interests of all.
        Today I call upon the Congress to promptly pass and to send to the
    States for ratification an amendment to our Constitution defining and
    protecting marriage as a union of man and woman as husband and wife. The
    amendment should fully protect marriage while leaving the State
    legislatures free to make their own choices in defining legal
    arrangements other than marriage.
        America is a free society which limits the role of government in the
    lives of our citizens. This commitment of freedom, however, does not
    require the redefinition of one of our most basic social institutions.
    Our Government should respect every person and protect the institution
    of marriage. There is no contradiction between these responsibilities.
        We should also conduct this difficult debate in a manner worthy of
    our country, without bitterness or anger. In all that lies ahead, let us
    match strong convictions with kindness and good will and decency.
        Thank you very much.

    Note: The President spoke at 10:43 a.m. in the Roosevelt Room at the
    White House. The Office of the Press Secretary also released a Spanish
    language transcript of these remarks.