[Weekly Compilation of Presidential Documents Volume 40, Number 9 (Monday, March 1, 2004)]
[Pages 276-278]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

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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 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.

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    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.