    [Public Papers of the Presidents of the United States: George W. Bush (2006, Book I)]
    [June 5, 2006]
    [Pages 1075-1076]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Remarks on a Proposed Constitutional Amendment To Protect Marriage
    June 5, 2006

        Thank you all. Please be seated. Good afternoon, and welcome to the
    White House. It is a pleasure to be with so many fine community leaders,
    scholars, family organizations, religious leaders, Republicans,
    Democrats, independents. Thank you all for coming.
        You come from many backgrounds and faith traditions--yet united in
    this common belief: Marriage is the most fundamental institution of
    civilization, and it should not be redefined by activist judges. You are
    here because you strongly support a constitutional amendment that
    defines marriage as a union of a man and a woman, and I am proud to
    stand with you.
        This week, the Senate begins debate on the marriage protection
    amendment, and I call on the Congress to pass this amendment, send it to
    the States for ratification so we can take this issue out of the hands
    of over-reaching judges and put it back where it belongs, in the hands
    of the American people.
        The union of a man and woman in marriage is the most enduring and
    important human institution. For ages, in every culture, human beings
    have understood that marriage is critical to the well-being of families.
    And because families pass along values and shape character, marriage is
    also critical to the health of society. Our policies should aim to
    strengthen families, not undermine them. And changing the definition of
    marriage would undermine the family structure.
        America is a free society which limits the role of government in the
    lives of our citizens. In this country, people are free to choose how
    they live their lives. In our free society, decisions about a
    fundamental social institution as marriage should be made by the people.
        The American people have spoken clearly on this issue through their
    elected Representatives and at the ballot box. In 1996, Congress
    approved the Defense of Marriage Act by large bipartisan majorities in
    both the House and the Senate, and President Clinton signed it into law. And since then, 19 States have held
    referendums to amend their State constitutions to protect the
    traditional definition of marriage. In every case, the amendments were
    approved by decisive majorities with an average of 71 percent.
        Today, 45 of the 50 States have either a State constitutional
    amendment or statute defining marriage as a union of a man and a woman.
    These amendments and laws express a broad consensus in our country for
    protecting the institution of marriage. The people have spoken.
    Unfortunately, this consensus is being undermined by activist judges and
    local officials who have struck down State laws protecting marriage and
    made an aggressive attempt to redefine marriage.
        Since 2004, State courts in Washington and California and Maryland
    and New York have ruled against marriage laws. Last year, a Federal
    judge in Nebraska overturned a State constitutional amendment banning
    same-sex marriage, an amendment that was approved by 70 percent of the
    population. And at this moment, nine States face lawsuits challenging
    the marriage laws they have on the books.
        Some argue that defining marriage should be left to the States. The
    fact is, State legislatures are trying to address this issue. But across
    the country, they are being thwarted by activist judges who are
    overturning the expressed will of their people. And these court
    decisions can have an impact on our whole Nation.
        The Defense of Marriage Act declares that no State is required to
    accept another State's definition of marriage. If that act is overturned
    by the courts, then marriage

    [[Page 1076]]

    recognized in one city or State may have to be recognized as marriages
    everywhere else. That would mean that every State would have to
    recognize marriage as redefined by judges in, say, Massachusetts or
    local officials in San Francisco, no matter what their own State laws or
    their State constitutions say.
        This national question requires a national solution. And on an issue
    of such profound importance, that solution should come not from the
    courts but from the people of the United States. An amendment to the
    Constitution is necessary because activist courts have left our Nation
    with no other choice. When judges insist on imposing their arbitrary
    will on the people, the only alternative left to the people is an
    amendment to the Constitution, the only law a court cannot overturn.
        The constitutional amendment that the Senate will consider this week
    would fully protect marriage from being redefined. It will leave State
    legislatures free to make their own choices in defining legal
    arrangements other than marriage. A constitutional amendment is the most
    democratic process by which our country can resolve this issue. In their
    wisdom, our Founders set a high bar for amending the Constitution. An
    amendment must be approved by two-thirds of the House and the Senate and
    then ratified by three-fourths of the 50 State legislatures. This
    process guarantees that every State legislature and every community in
    our Nation will have a voice and a say in deciding this issue.
        A constitutional amendment would not take this issue away from the
    States, as some have argued. It would take the issue away from the
    courts and put it directly before the American people.
        As this debate goes forward, every American deserves to be treated
    with tolerance and respect and dignity. On an issue of this great
    significance, opinions are strong and emotions run deep. And all of us
    have a duty to conduct this discussion with civility and decency toward
    one another. All people deserve to have their voices heard, and a
    constitutional amendment will ensure that they are heard.
        I appreciate you taking an interest in this fundamental issue. It's
    an important issue for our country to debate and to resolve. And the
    best way to resolve this issue is through a constitutional amendment,
    which I strongly support. God bless.

    Note: The President spoke at 1:48 p.m. in Room 450 of the Dwight D.
    Eisenhower Executive Office Building.