E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, MONDAY, JUNE 5, 2006 No. 69 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, June 6, 2006, at 2 p.m. Senate MONDAY, JUNE 5, 2006

The Senate met at 2 p.m. and was sume consideration of the motion to should be prepared to depart the Cham- called to order by the President pro proceed to S.J. Res. 1, which the clerk ber around 10:40 a.m. on Wednesday tempore (Mr. STEVENS). will report. morning. The assistant legislative clerk read I also remind all of our colleagues PRAYER as follows: this week the Senate will address the The Chaplain, Dr. Barry C. Black, of- Motion to proceed to the consideration of death tax repeal, the Native Hawaiians fered the following prayer: S.J. Res. 1, proposing an amendment to the issue, and the supplemental appropria- Let us pray: Constitution of the United States relating to tions conference report when it be- Sovereign Lord, sustainer of the uni- marriage. comes available. verse, remind us today that a good rep- f utation is better than wealth. May we f protect our good name with prudence, RECOGNITION OF ACTING MAJORITY LEADER RECOGNITION OF MINORITY civility, diligence and love. Keep us LEADER from hasty words, an impetuous The PRESIDENT pro tempore. The tongue, and unethical actions. acting Republican leader is recognized. The PRESIDENT pro tempore. The Democratic leader is recognized. May our lives inspire others to maxi- f mize their possibilities. f Lord, bless our lawmakers as they SCHEDULE UNANIMOUS CONSENT REQUEST— labor. May their work be like a special Mr. MCCONNELL. Mr. President, picture frame in which You portray today we are resuming debate on the H.R. 4437 Your grace and beauty. motion to proceed to S.J. Res. 1, the Mr. REID. Mr. President, I ask unan- We pray in Your majestic Name. Marriage Protection Amendment. It imous consent that the Judiciary Com- Amen. will be necessary to file cloture on the mittee be discharged from further con- f motion to proceed. Therefore, that clo- sideration of H.R. 4437, the House im- ture vote will occur Wednesday morn- migration bill; that the Senate proceed PLEDGE OF ALLEGIANCE ing. to its immediate consideration; that The PRESIDENT pro tempore led the In the meantime, we have a number all after the enacting clause be strick- Pledge of Allegiance, as follows: of Senators who wish to come to the en and that the text of S. 2611, as I pledge allegiance to the Flag of the Senate to speak to the marriage passed by the Senate, be substituted in United States of America, and to the Repub- amendment. We are also working on an lieu thereof, the bill be read the third lic for which it stands, one nation under God, agreement for debate time during time and passed, the motion to recon- indivisible, with liberty and justice for all. Tuesday’s session. Under a previous sider be laid upon the table, and the f agreement, at 10:15 tomorrow morning, Senate insist on its amendment, re- RESERVATION OF LEADER TIME we will vote on the nomination of quest a conference with the House, and The PRESIDENT pro tempore. Under Renee Bumb to be U.S. District Judge the chair be authorized to appoint con- the previous order, the leadership time for New Jersey. That will be the first ferees. is reserved. vote of the week. Mr. MCCONNELL. Mr. President, I f I also remind all of our colleagues, on object. Wednesday of this week, we will have a The PRESIDENT pro tempore. The MARRIAGE PROTECTION AMEND- joint meeting with the House to hear objection is heard. MENT—MOTION TO PROCEED an address by the President of the Re- Mr. MCCONNELL. If I may make an The PRESIDENT pro tempore. Under public of Latvia. That address will observation, as the Democratic leader the previous order, the Senate will re- occur at 11 a.m. Therefore, Senators knows, under the procedure that the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S5401

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VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5402 CONGRESSIONAL RECORD — SENATE June 5, 2006 Senator requested unanimous consent We would also be concerned about I also say that I certainly in no way on, it is our understanding that the bill what is happening with the estate tax. meant to surprise the distinguished might well be blue slipped. We are Other tax provisions from the bill also leader. We alerted staff we were going looking for a way to get the immigra- expire at the end of 2010, as does the es- to offer this unanimous consent re- tion issue to conference in a way that tate tax relief. We would want to make quest. I am sorry about that. will guarantee the conference can go sure the present tax relating to estates Anyway, we have an immigration forward. It will be a contentious con- be continued well past 2010. Also expir- bill. That is what should be taken to ference, in any event, but to make sure ing at the end of 2010 is a 10-percent conference. That is what we should the conference can go forward in a way bracket that increases child credit and deal with, the immigration bill. Any that guarantees we do not get derailed marriage penalty relief. That should excuse to get out of taking an immi- by some parliamentary technicality. not be placed behind estate tax. gration bill to conference and trying to I offer a different unanimous consent. We have unnecessary subsidies for substitute in its place a tax bill simply I ask unanimous consent the Senate big oil, expanding health care cov- is wrong. proceed to Calendar No. 326, H.R. 4096; erage, and, finally, energy independ- THE STATE OF THE WORLD provided further that all after the en- ence. We would offer amendments, all Mr. REID. Mr. President, gas prices acting clause be stricken, and the text tax related, to this proposal that the are over $3 a gallon. Fill-ups at the of the Senate-passed immigration bill majority wants to bring to the Senate. tank, of course, cause emptiness at the be inserted in lieu thereof. For those and other reasons, I re- bank. This administration, the most Further, that the bill be read the spectfully object to my friend’s unani- friendly to oil Presidency in our his- third time and passed, and the motion mous consent request. tory, refuses to buck big oil with the to reconsider be laid upon the table. The PRESIDENT pro tempore. The auto manufacturers. Our citizens are I further ask that the Senate insist objection is heard. literally choking on the lack of alter- on its amendment, request a con- Mr. MCCONNELL. I might say to my native fuel. Few incentives for energy ference with the House, and the chair good friend, the Democratic leader, all created by the Sun, the wind or the be authorized to appoint conferees. of the amendments the Senator re- Earth’s geothermal reserves has this Mr. REID. Reserving the right to ob- ferred to could be offered to the death administration endorsed. ject, the regular order is to go to con- tax which we expect to be on later in Raging in Iraq is an intractable war. ference with the House using one or the the week. Our soldiers are fighting valiantly. But other legislative companion as the ve- The American people did not send us we have Abu Ghraib and Haditha, for hicle. here to try to engage in some kind of example, where it is alleged that 24 The House acted first, no question effort to embarrass the other Chamber. more civilians were killed by our own, about that. I am proposing to go to They want us to legislate. We spent and no policy for winning the peace. conference with the House using their multiple weeks on the immigration However, Secretary Rumsfeld con- bill. Some may argue that the House bill. Both the Democratic and Repub- tinues in his job with the full backing will blue slip the bill and return it to lican leaders are aware of who the con- of the President—not a reprimand, not the Senate because it contains some ferees are. It is time to move forward. a suggestion that his Defense Sec- tax-related provisions. That will be the We should not engage in some kind of retary is at fault; a national debt that decision of the House. But it does not parliamentary maneuver that is going President Bush won’t acknowledge, but have to be that case since the Constitu- to be completely lost on the American our children, their children, and their tion states: people as they wonder why in the world children’s children will have to ac- All bills for raising revenue shall originate we did not get about the business of knowledge with generations of debt in the House of Representatives but the Sen- having the conference on a very chal- created by President Bush’s economic ate may propose or concur with amend- lenging bill, the immigration bill. policies; Federal red ink as far as one ments, as on other bills. By the way, I personally was unaware can see. America is becoming contin- We will be using their immigration that the leader was going to offer this ually more dependent on loans from bill, which originated in the House. We objection today. I think we ought to China, Japan, Saudi Arabia, and even await their decision. talk about it later in the afternoon and England; a world changing as we speak Anyone trying to use this blue-slip see if we cannot arrive at some way as a result of global warming, a condi- argument is doing so to avoid a con- that is mutually agreeable to both tion our President does not acknowl- ference on the immigration bill. sides to go on and get to conference. edge, let alone attempt to reverse. Further reserving the right to object, The Senate has acted. The House has Today, more than 46 million Ameri- if the Republican leadership wants to acted. It is time to have a conference. cans have absolutely no health insur- take up the House-passed tax bill for I hope we can do that sooner rather ance. Millions more of our countrymen purposes of moving to a conference on than later. have inadequate health insurance. This the immigration bill, we have amend- The PRESIDENT pro tempore. The administration has come forward with ments we would offer to that, and they Democratic leader. nothing of substance to address this are all tax matters. The recent tax rec- Mr. REID. I agree with the distin- national emergency. onciliation bill provided only 1 year of guished senior Senator from Kentucky. Seniors in Nevada and each of the 50 AMT relief; that is, for this year—pre- There shouldn’t be games played on the States are struggling to survive. Some sented with the tax bill on the Senate immigration bill, but let’s face facts: 90 physicians refuse to take Medicare pa- floor. Democrats would want to offer percent of the Democrats voted for the tients. The President’s Medicare pre- amendments to extend relief for at bill and—I don’t know the exact per- scription drug plan has been a gift to least one additional year and perhaps centage—65 or 70 percent of the Repub- HMOs, insurance companies, and drug two, so that programs have certainty licans voted against the immigration companies and a nightmare for seniors. on the taxes they face the next couple bill; we know 75 to 80 percent of the Re- Education for many of our grad- years. publicans in the House do not like the uating high school seniors has become We would also want a number of im- immigration bill. a goal too far. Student loans and Pell portant popular tax provisions which If there were ever a time to take an grants are not a priority for the Bush expired at the end of 2005 to be in- immigration bill to conference, it administration. The ability to obtain a cluded, including, for example, the re- would be now; it would be to take im- college education is becoming more search and development tax credit, de- migration bills to conference, not tax and more based on how much money ductibility of the State and local es- bills. your parents have instead of how much tate tax, which is so important to Ne- Now, I don’t think the bill is blue academic potential our youth have. vada, tuition tax credit, important to slippable. I read the Constitution, the Crime remains a national worry, but people trying to put their children provision of the Constitution that says money from the Federal Government through college, tax credits for em- tax measures must originate in the to our States for crime fighting and ployers who provide jobs to individuals, House. We are willing to take up the crime prevention is being drastically and welfare. House bill. cut. Successful anticrime programs

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5403 such as the COPS Program are being way of avoiding the tough, real prob- in 2006 or 2008, and ballot initiatives eliminated by President Bush, much to lems American citizens are confronted are currently underway in three the consternation of police officers with each and every day: high gas States—Arizona, Florida, and Illinois. across America. prices, the war in Iraq, the national Six States—California, New Jersey, A trade policy that is continually ru- debt, health care, senior citizens, edu- Connecticut, Hawaii, Maine, and ining America’s favorable balance of cation, crime, trade policy, stem cell Vermont—have adopted a domestic payments seems to be the watchword research—each issue begging the Presi- partnership or civil union law, each of the Bush administration. This trade dent’s attention, each issue being ig- without any mandate from the courts, policy causes America to be less and nored. The valuable time of the Senate except for in Vermont, where the State less globally competitive. will be spent on an issue that today is supreme court did intervene. The scientific community cries for without hope of passing. There are many lawsuits pending to help. They believe dread diseases such These issues about which I have spo- work on this issue within the context as Alzheimer’s, Lou Gehrig’s, Parkin- ken are not Democratic issues. They of States’ rights. Nine States face law- son’s, and diabetes could be moderated are not Republican issues. There must suits challenging traditional mar- and prevented. But President Bush em- be a bipartisan effort to address Amer- riage—California, Connecticut, Iowa, phatically says no to allowing sci- ica’s ills. I will vote no on the motion Maryland, Nebraska, New Jersey, New entists to study and research the heal- to proceed as it is not a measure meant York, Oklahoma, and Washington. In ing powers of stem cells. He refuses to to bring America together. Rather, it four of those States—California, Mary- keep hope alive for the suffering people is an effort to cover and conceal issues land, New York, and Washington—trial for our great country. necessary to make America more com- courts have found a right to same-sex In spite of the many serious problems petitive, caring, considerate, and marriage in State constitutional provi- we have discussed, what is the Senate stronger. sions relating to equal protection and going to debate this week? A new en- Together, America can be better and due process, in each case relying in ergy policy? No. Will we debate the do better. part on the Massachusetts decision. raging war in Iraq? No. Will we address The PRESIDING OFFICER (Mr. State supreme courts will decide ap- our staggering national debt? No. Will ALEXANDER). Who seeks recognition? peals of those decisions, presumably in we address the seriousness of global Mr. REID. I suggest the absence of a 2006 or 2007. warming? No. Will we address the quorum. There are also a number of Federal aging of America? No. Will we address The PRESIDING OFFICER. The cases involving this issue. In Nebraska, America’s education dilemma? No. Will clerk will call the roll. a Federal district court found uncon- we address the rising crime statistics? The assistant legislative clerk pro- stitutional a State constitutional No. Will we debate our country’s trade ceeded to call the roll. amendment passed by 70 percent of Ne- imbalance? No. Will we debate stem Mr. SPECTER. Mr. President, I ask braska voters. The U.S. Court of Ap- cell research? No. But what we will unanimous consent that the order for peals for the Eighth Circuit heard ar- spend most of the week on is a con- the quorum call be rescinded. guments on the State’s appeal in Feb- stitutional amendment that will fail by The PRESIDING OFFICER. Without ruary of this year. Federal district a large margin, a constitutional objection, it is so ordered. court challenges to the Federal De- amendment on same-sex marriage. It The Senator from Pennsylvania is fense of Marriage Act are pending in failed to pick up a simple majority recognized. Washington and Oklahoma, and cases when we recently voted on it. Remem- Mr. SPECTER. Mr. President, I have were previously filed in Florida. ber, an amendment to the Constitution sought recognition to oppose S.J. Res. The Supreme Court of the United requires 67 votes. 1, known as the marriage amendment. States has emphatically and repeatedly I believe marriage should be between I do believe marriage is a sacred insti- declared that marriage is a matter for a man and woman. But I also believe in tution between a man and a woman. I the State courts. The Supreme Court our Federal system of government de- believe the Congress of the United recognized ‘‘domestic relations as ‘an scribed to me in college as a central States has acted responsibly on the De- area that has long been regarded as a whole divided among self-governing fense of Marriage Act. In 1996, it passed virtually exclusive province of the parts. Those self-governing parts, the this body with only 14 dissenting votes. States’ ’’ in Zablocki vs. Redhail in 50 States, have already, in State after I believe that does protect the institu- 1978. State after State, decided on their own tion of marriage. In 1859, going back a century and a and others are deciding it as we speak. I believe former Senator Barry Gold- half, in Barber vs. Barber, the Supreme For example, in Nevada, the constitu- water said it comprehensively and suc- Court of the United States expressly tion was amended to prevent same-sex cinctly when he said that government ‘‘disclaim[ed] altogether any jurisdic- marriage. ought to be kept off our backs, out of tion in the courts of the United States Congress and President Clinton our pocketbooks, and out of our bed- upon the subject of divorce. . . .’’ passed a law that gave the States the rooms. This is a matter which ought to Less than 20 years later, in Penoyer guarantee that their individual laws be left to the States, and the States are vs. Neff, 1878, the Court reaffirmed that regarding marriage would be respected. taking care of it. the States have the exclusive right to The Defense of Marriage Act creates an Nineteen States now have constitu- define the requirements of marriage exception to the full faith and credit tional amendments protecting mar- and said that ‘‘[t]he State . . . has [the] clause of the Constitution so that no riage solely between a man and a absolute right to prescribe the condi- State can force its laws of marriage on woman. Twenty-six other States have tions upon which the marriage relation another. So why are we being directed statutes designed to protect traditional between its own citizens shall be treat- by the President and this Republican marriage by defining marriage only as ed, and the causes for which it may be majority to debate an amendment to a union between a man and a woman. dissolved.’’ the Constitution, a document inspired Five States have no statutory or con- The matter of marriage is solely more than two centuries ago? Why stitutional protection for traditional within the province of States, as are would we be asked to change this marriage, only five: Massachusetts, the divorce laws. What would be next if American masterpiece? Will it next be New Jersey, New Mexico, New York, this amendment is passed dealing with to constitutionally dictate the cause of and Rhode Island. The voters in seven the States? Rules on child custody divorce or military service or even States—Alabama, Idaho, South Caro- cases? Adoption regulations? Or pro- what America’s religion must be? lina, South Dakota, Tennessee, Vir- bate laws to determine who is entitled For me, it is clear that the reason for ginia, and Wisconsin—will vote on con- to inherit property? Like these other this debate is to divide society, to pit stitutional amendments this year. An- issues, this is a quintessential matter one against another. This is another other five State legislatures—Colorado, for State control. one of the President’s efforts to fright- Indiana, Iowa, Massachusetts, and It is important to note that in the en, to distort, to distract and confuse Pennsylvania—are considering sending Defense of Marriage Act, there is a spe- America. It is this administration’s constitutional amendments to voters cific provision that States need not

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5404 CONGRESSIONAL RECORD — SENATE June 5, 2006 grant full faith and credit. The law lishing in the Cato Institute Policy tion requires that decision to be made specifies as follows: Analysis, had this to say: by the full Senate. No State shall be required to give effect to An amendment banning same-sex marriage In 1957, the Senate Judiciary Com- any public act, record, or judicial proceeding is a solution in search of a problem . . . A mittee had no rules. The chairman of of any other State respecting a relationship constitutional amendment defining marriage the committee, James Eastland, want- between persons of the same sex that is would be a radical intrusion on the nation’s ed to bottle up civil rights legislation, treated as a marriage under the laws of such founding commitment to federalism in an and he explained the inactivity of the other State or a right or claim arising for area traditionally reserved for state regula- Judiciary Committee as follows: such relationship. tion, [that is] family law. There has been no showing that federalism Well, a committee that has no rules, the So we have the law emphatically set Senate rules govern. The Senate rules pro- out that the courts have consistently has been unworkable in the area of family law. vide that to file a cloture petition must be held and the Supreme Court of the Richard Posner, the distinguished signed by 16 Senators. So we had an unlim- United States itself for more than a ited debate in the Judiciary Committee. We century and a half has said that mar- Federal judge in the Seventh Circuit had 15 members, so there wasn’t any way riage is a matter for the States. We said the solution for gay marriage ‘‘is anyone could file a cloture petition. know that when Massachusetts or any to submit it to social experimentation. Accordingly, the civil rights bill was State acts to the contrary, that the ac- A great advantage of our Federal sys- defeated by filibuster in committee. tion of Massachusetts will not be enti- tem is that it enables large-scale social After President Eisenhower intro- tled to full faith and credit. We know experiments.’’ duced the bill that later became the The distinguished columnist, Andrew that there are many lawsuits now liti- Civil Rights Act of 1960, it eventually Sullivan, writing as the Columnist for gating this matter, so that the rela- became was clear that Chairman East- the New Republic on the National Re- tionship of marriage is being ade- land again would not release the civil view Online, said the marriage amend- quately handled by the States. If it rights bill from the Judiciary Com- should become necessary for the con- ment ‘‘tramples on any notion of fed- mittee. In order to get the bill to the sideration at a later date of a constitu- eralism, . . . egregiously violates floor, the civil rights bill was offered tional amendment to be considered, States’ rights, and . . . seeks to impose on the Senate floor on February 15, there would be ample time to do so. a uniform settlement on an entire 1960, as an amendment to a minor bill It is important to note the avalanche country in perpetuity. The amendment concerning the leasing of a surplus U.S. of statements by highly respected peo- is more typical of the excesses of mod- Army building to a school district in ple in the tradition of what former ern liberalism than anything vaguely Missouri. It is curious that the lease of Senator Goldwater said, that we ought conservative.’’ a school building in Missouri would be to keep the government off our backs, George Will of the Washington Post the jurisdictional base for the Civil out of our pocketbooks, and out of our put it succinctly, saying that the mar- Rights Act. bedrooms, as a matter of privacy and riage amendment ‘‘is unwise for two In 1964, in order to avoid Chairman as a matter of tolerance—two very reasons. Constitutionalizing social pol- Eastland’s tactics, the Senate voted 54 highly placed values in our society. icy is generally a misuse of funda- to 37 to bypass the Judiciary Com- During the 2000 election campaign, mental law. And it would be especially mittee altogether and place the House Vice President CHENEY had this to say: imprudent to end State responsibility bill directly on the Senate calendar. In The fact of the matter is that we live in a for marriage law at a moment when we the action when the Judiciary Com- free society, and freedom means freedom for require evidence of the sort that can be mittee voted S.J. Res. 1 out of com- everybody . . . It is really no one else’s busi- generated by allowing the States to be mittee last month, my distinguished ness in terms of trying to regulate or pro- laboratories of social policy.’’ colleague, Senator LEAHY, noted that, hibit behavior in that regard . . . I think Mr. President, I suggest that the evi- unless we reported the resolution out states are likely to come to different conclu- dence and judgments against this mar- sions, and that’s appropriate. of Committee, it was going to be riage amendment are powerful and brought to the floor under rule XIV, That was the Vice President. overwhelming in terms of our tradi- The distinguished conservative aca- which is the leader’s prerogative. Sen- tional view of tolerance, our tradi- ator LEAHY stated that he felt it pref- demic professor James Q. Wilson had tional view of privacy. The funda- this to say: erable that the Judiciary Committee mental concept of federalism reserves act in our traditional way and vote. I The states should . . . decide about gay all power to the States and the individ- marriages . . . Though I oppose gay mar- thanked him at the time and I thank riage, voters in some states may approve it. uals that are not specifically granted him now. If they do, we will have a chance to learn to the Federal Government. This is es- My view is that the matters ought what it means in practice, with the costs and pecially so in a context like marriage, not to be bottled up in committee, and benefits falling on people who have accepted which is a quintessential issue for de- the precedent cited about Chairman it. Moreover, . . . since feelings run high on termination by the States, like adop- James Eastland, going back 40 years this matter, it would be a mistake to let it tion, like divorce, like child custody, ago, is ample precedent that matters be decided as the right to abortion was de- like probate—these are all matters for ought to come to the Senate floor. cided. If there were the gay marriage equiva- the State. lent of Roe v. Wade or a constitutional ban It is my hope that this will not be a on it, we would infect the nation with the di- I brought this matter to the floor lengthy debate. We have considered visive anger that followed Roe and our ear- with the calculation that the Judiciary this matter before and it carried votes lier attempt at alcohol prohibition. Committee ought not to bottle up mat- only in the forties, far short of the 60 Professor Richard Epstein, Univer- ters, because the Constitution says necessary for cloture, and far short of sity of Chicago Law School, had this to these issues are to be decided by the the 67 necessary to pass a constitu- say in the Cato Institute’s article, Senate and not by the Judiciary Com- tional amendment. ‘‘Live and Let Live’’: mittee. We have an unfortunate prece- In the context where we have many The question is whether ‘‘the majority of dent of the Judiciary Committee bot- pressing and important matters, it is the public [should] impose its will on a mi- tling up legislation, a precedent which my hope that our colleagues will come nority within its midst in the absence of any the Judiciary Committee today will to the floor, debate the issue so that need for collective decision. The claim for not follow. We will report such matters the Senate can work its will and we same-sex marriage is no weaker than any out, even where the individual Mem- can proceed to other important mat- other claim of individual rights on personal bers voting may not agree with them. ters for the United States Senate. and religious matters . . . The path to social That is a view that I have personally The chairman of the Constitutional peace lies in the willingness on all sides to follow a principle of live-and-let-live on deep held as long ago as 1987 when I voted to Law Subcommittee, Senator SAM moral disputes. Defenders of the illiberal send Judge Bork’s nomination to the BROWNBACK, will be in charge of man- Marriage Amendment should look to their Supreme Court to the floor of the Sen- aging the amendment for those who churches, not Congress and the states, to ate, even though I strongly objected to favor. Senator LEAHY and I can handle maintain the sanctity of the marriage. his confirmation as a Supreme Court the management for those in opposi- Professor Dale Carpenter at the Uni- Justice. But it seemed to me then, as it tion. I thank the Chair and yield the versity of Minnesota Law School, pub- seems to me now, that the Constitu- floor.

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5405 The PRESIDING OFFICER. The Sen- as a campaign tool, obviously.’’ Even Bush-Cheney administration’s watch, ator from Vermont is recognized. so, obviously, that is exactly what Karl but we are not asked to debate that Mr. LEAHY. Mr. President, I see the Rove and others in the Bush-Cheney problem. We even tried to find some distinguished Senator from Colorado in administration are doing. That is why corrective legislation to protect not the Chamber. I am about to propound a we only vote on such partisan meas- only our veterans, but now we find we unanimous consent request to help ures in the run-up to an election. Ap- need to protect tens of thousands of start the lineup of people. Was he look- parently, high campaign season has ar- Active-Duty personnel from the neg- ing for a chance to speak? rived on the Republican leader’s cal- ligence of this administration. We are Mr. ALLARD. Mr. President, yes, I endar. Right on the heels of this cam- not asked to do anything to protect would like the opportunity to speak. I paign season bid to amend our Con- those veterans. No, we have to talk would like to start off the debate, as stitution, they are readying yet an- about this constitutional amendment. far as Members are concerned, if I other constitutional amendment for The Judiciary Committee has been might. Senator BROWNBACK will be the floor. conducting hearings, but we have yet coming in on a later flight. I will help Many people have aptly noted that to get to the bottom of the Bush-Che- manage the floor, if that is OK with this amendment would write discrimi- ney administration’s warrantless wire- the chairman, for those in favor until nation into our Nation’s Constitution. tapping and other programs utilized to Senator BROWNBACK arrives. I agree. That is exactly what we are gather information on Americans, such Mr. SPECTER. If I may comment, I being asked to spend our time doing as the e-mails on the Web sites we visit thank the Senator from Colorado. That this week. and even our conversations among fam- would be fine for him to manage until The Republican leadership’s stren- ilies. Senator BROWNBACK arrives. uous efforts to move this proposed We need to make reauthorizing the Mr. LEAHY. Mr. President, I ask amendment to the Senate floor for de- expiring provisions of the Voting unanimous consent that following my bate shows how important it is to the Rights Act a priority in the coming remarks, the distinguished Senator Republican leadership of the Senate to months of this season. We still see peo- from Colorado be recognized for what- cater to the extreme right-wing and ple that are not allowed to vote in this ever remarks he wishes to make, and special interest groups agitating for a country because of the color of their then that Senators JOHNSON and DOR- fight over this issue. They intend to skin. We ought to be doing something GAN be recognized for such comments stir up an election year fight and use it to reauthorize the Voting Rights Act. as they wish to make. as a ‘‘campaign tool’’ and a ‘‘political If we want to hold ourselves up as a The PRESIDING OFFICER. Is there strategy.’’ moral mirror to the rest of the world, objection? Right now, we should be addressing let’s talk about things that affect a Without objection, it is so ordered. America’s top priorities, including large part of the population of Amer- Mr. LEAHY. Mr. President, I wish to ways to make America safer, the war ica. speak about the amendment presently in Iraq, rising gas prices, rising health But no, on the Senate floor, we don’t before us. There has been a lot of spec- care and health insurance costs, stem talk about these things, even though ulation in the paper about whether this cell research, or fixing FEMA, an orga- we are here to protect the rights of is on the schedule because of partisan nization that has fallen into almost in- Americans—all Americans—no matter politics. Of course, it is. The Repub- comprehensible misuse during this ad- what color they might be. But instead lican leader has decided that today our ministration, and assisting our vet- we are being made to turn again to a Nation’s most pressing priority is a erans whose privacy has been com- divisive measure that will do nothing concern over committed relationships promised by the neglect of the admin- to correct the weakness in our home- between same sex couples. We have istration’s Veterans’ Administration. land security, that will do nothing to very little time left in this session that Maybe we can talk about the reauthor- enact a budget the Republican Con- we are devoting to an amendment, ization of the Voting Rights Act, which gress was supposed to, by law, enact which will go nowhere, when so many is something that affects every State months ago. We will do nothing to of us are trying to focus on solutions to in this country. stem the rising gas prices. We will do high gas prices, something that hurts Instead, the President’s political nothing to respond to the most press- people in your State and mine; or the strategists and Senate allies are doing ing issues facing hard-working Ameri- rising cost of health care, certainly a their best to divide and distract the cans. matter of great interest in my State; American people and the Senate from Some may remember proponents of the ongoing situation in Iraq, a place fixing real problems by pressing for- the Federal marriage amendment in where the Bush-Cheney administration ward with this controversial proposed 2004—coincidentally the last election told us we would be welcomed as lib- constitutional amendment. year—could not assemble a majority of erators and suggested we would be out As a nation, we are currently facing Senators to even move to consider the of there quickly. We have now been so many pressing issues, including the proposed amendment, even though the there almost as long as World War II, continuing sectarian violence in Iraq Republicans controlled the Senate. Re- and the ending to World War II was far that is spiraling out of control, with member that in 2004, we were warned more obvious than the ending in Iraq; the United States unable to stop it; the immediate action was required to pro- or strengthening our national security. stunning investigations of this admin- tect the fragile institution of marriage, We are not going to talk about any of istration, indictments and convictions which was said to be under immediate those things. I think that is a testa- for government corruption; or a com- threat. Of course, the real threats to ment to the misplaced priorities of the plicated drug program that has been marriage include adultery and unfaith- Republican leadership. News reports dropped into the laps of our seniors. We fulness, desertion, pressures on a mar- have clearly revealed how this pro- now find it so complicated that it pe- riage that comes from economic posed constitutional amendment is nalizes our seniors. It appears the only stresses, unhappiness, and spousal being used to satisfy the most extreme ones doing well under the program are abuse. Does anybody want to debate right-wing supporters of Republican the pharmaceutical companies. How those on this floor? No. Would some- politicians. I do not believe that Amer- about a burgeoning national debt, body like to put forward a constitu- icans are well served by this strategy, where a family of four owes well over tional amendment to tell States they a strategy that would divide rather $100,000 just for the debt run-up by the cannot be allowed to have divorce than unite Americans. Bush-Cheney administration? Every laws? No. What about telling States The Constitution is too important to time I stop at a gas station and fill up what ages people can marry? No. That be used for such a partisan political my car, all I hear from people is: When would be interfering with the rights of purpose. It is too important to make us is the Congress going to do something States. We will do the whole enchilada dividers and not uniters. I agreed with about these historically high gas and tell them we will take over their First Lady Laura Bush when she re- prices? Of course, the largest theft of State legislatures. cently told Fox News that this pro- private information maintained by the Having been told the heavens are posed amendment should not ‘‘be used Government was stolen under the falling, we find in the past 2 years, no

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5406 CONGRESSIONAL RECORD — SENATE June 5, 2006 States have been forced to recognize ership, all of these Republican judges ‘‘Marriage Protection Amendment,’’ during same-sex marriages. In fact, several they seem to fear, they are the ones the week of June 5, 2006. I have written to States voted to amend their State Con- who will be forced to resolve the ambi- you on several occasions, most recently on stitutions to define marriage. The De- guities and meanings of these words if October 27, 2005, requesting your views on specific proposals to amend the Constitution fense of Marriage Act, which we passed, they are added to our Constitution. to define marriage but you have not re- defines marriage as the union between The proposed language we are being sponded. a man and a woman for Federal pur- required to consider is exceedingly con- Two years ago, you publicly acknowledged poses and prevents any States from fusing and subject to interpretation. It that ‘‘states ought to be able to have the being forced to recognize another is inevitably going to create uncer- right to pass laws that enable people to be State’s approval of same-sex marriage. tainty. For example, who would be able to have rights like others.’’ The pro- That is the law of the land. That bipar- bound by the provisions of the Mar- posed constitutional amendment would pro- tisan law has been upheld three times riage Protection Amendment? State hibit ‘‘the legal incidents’’ of marriage from actors, private citizens or religious or- being conferred upon same sex couples. How in Federal court. It is under no threat is that language consistent with your posi- of being overturned. So when the last ganizations? What would constitute tion that states should be able to pass laws election year rolled around, we were the legal incidents of marriage? Can a giving committed same sex couples the same told there was a crisis, but there never legislature pass a civil unions law that legal rights as others? was a crisis then, nor is there now an mirrors its marriage law, so long as Many feel that adopting this proposal imminent crisis that demands the di- they do not call it marriage? Can the would amount to ‘‘writing discrimination version of Congress’s attention from all people of a State put protections for into the Constitution.’’ Do you support of these other urgent problems or that civil unions in their State Constitu- amending the United States Constitution with the language of Senate Joint Resolu- justifies an alteration of our founding tion? What State actors are forbidden tion 1, a copy of which is attached to this document to say that States are no from construing their own Constitu- letter? longer the ones in control of marriage. tions? Are we saying that a State su- Respectfully, We will set a Federal law to tell the preme court could not construe its own PATRICK LEAHY, States of Tennessee and Vermont and Constitution or is it the State execu- U.S. Senator. every other State, we are taking over. tive branch officials that couldn’t do it Mr. LEAHY. Not surprisingly, those Your legislatures can go home. as well? We had hearings on these pre- letters have gone unanswered. In fact, But unlike the Republican leadership cise language questions, and they were the administration didn’t even send a of this Congress and the Bush-Cheney not resolved. representative to any of the committee administration, I trust our 50 States to I am particularly concerned about hearings that the Judiciary Committee define marriage and the rules of mar- the fate of the Vermont civil unions had on this amendment, nor did the ad- riage as they always have. I trust our that have been formed under the color ministration comment on the specifics States a lot more than the Republican of State law. Despite an initially of the current proposal or respond to leadership of this Congress or of the ad- wrenching debate, our State law re- questions about its language. The gen- ministration. mains on the books after 5 years. There eral endorsement of the Bush-Cheney I am sure we will continue to hear a has been no ensuing crisis in the lives administration has been more in the lot of rhetoric about ‘‘judicial activ- of Vermont families. In fact, we have nature of a political campaign, more of ism’’ as the reason why we need to dra- one of the lowest divorce rates in the a signal than of substance. We could matically alter the U.S. Constitution. country. But it is not clear to me why use a lot more substance up here and a Even the President in his weekly radio this constitutional amendment would few less signals. address invoked the notion of ‘‘rogue render Vermont’s law invalid. The President’s recent statements on judges’’ that flaunt the law as a jus- I started this afternoon by alluding Saturday and at the rally today, adja- tification for this drastic measure. to my agreement with the recent state- cent to the White House, remain gen- This politically convenient criticism is ments of the First Lady that the Con- eral and vague. After the last campaign surprising. It is surprising, considering stitution should not be used for polit- and his reelection, the President indi- the fact that the majority of those ical purposes. I agree with her state- cated that he had no intention of in- Federal judges he is so worried about ment, as I agreed with her sense that cluding such an amendment among his were all appointed by Republican the President’s ‘‘bring it on’’ language administration’s top priorities. He had Presidents. He doesn’t even trust the from the early days of the Iraq occupa- no intention of pressing Congress to judges the Republicans appointed. In tion was not helpful, and certainly was approve it. Suddenly, we are away from fact, any judicial decision that was a actually frightening to families who that election, we are approaching an- dramatic departure from the status had somebody serving in the gulf. other election. Golly gee whiz, what quo on this issue would certainly be ap- Starting this last weekend we have has changed? What has changed in that pealed to the U.S. Supreme Court, seen that suddenly the President is in- time? Well, his standing in the public where seven of the nine Justices on the volving himself in this effort and is opinion polls, for one; or the agitation Supreme Court were appointed by Re- now prepared to endorse a specific con- of the right-wing elements of his base, publican Presidents. Does anyone be- stitutional amendment on this divisive which he always responds to. lieve Chief Justice Roberts is going to topic. I have written President Bush on I remember a time when leaving preside over a U.S. Supreme Court that more than one occasion to ask, OK, if States in control of issues of family will override the law in this regard? you are going to endorse it, what lan- law was an easy decision for Members And any State can define marriage in guage? What language would you pro- of both sides of the aisle to make. It is their Constitution. When the Repub- pose? disappointing that Senators would en- lican-controlled Supreme Court of Mas- In fact, my most recent letter was dorse this broadly drafted amendment, sachusetts ruled that you could have last month, and I ask unanimous con- which so clearly violates the traditions same sex marriage, they made it very sent that a copy be printed in the of Federalism and local control that clear that the State, of course, could RECORD. many in this body have claimed to re- amend their Constitution to change The PRESIDING OFFICER. Without spect and cherish. that. objection, it is so ordered. As prominent conservative and In fact, the proposed Federal mar- There being no objection, the mate- former Congressman Bob Barr put it, riage amendment, now renamed the rial was ordered to be printed in the ‘‘Marriage is a quintessential State Marriage Protection Amendment, RECORD, as follows: issue. The Defense of Marriage Act would itself produce a wide range of U.S. SENATE, goes as far as is necessary in codifying litigation that judges—the very COMMITTEE ON THE JUDICIARY, the Federal legal status and param- boogeymen that proponents of the pro- Washington, DC, May 22, 2006. eters of marriage. A constitutional posed amendment demonize, would be Hon. GEORGE W. BUSH, The White House, amendment is both unnecessary and required to resolve. It would be the Washington, DC. needlessly intrusive and punitive.’’ judges—these judges—these judges that DEAR MR. PRESIDENT: The Senate may con- This reminds me of last year when we the President and the Republican lead- sider Senate Joint Resolution 1, the so-called were called into emergency session

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5407 after highly competent courts had port enforcement or even inheritance tell the rest of the country how to live thoroughly reviewed the medical deci- and insurance benefits? I hope those theirs. And let’s be real—the actions in sions in the Terry Schiavo case. They who claim to care about families will Vermont do nothing to diminish or spent months, even years, doing that. turn away from wedge politics and threaten marriages in Vermont or any But we were called into emergency ses- scapegoating and discrimination. In- other State. sion, and the President flew back from stead, we should join together to work For these reasons, I will continue to his vacation so we could pass in a cou- on the many pressing issues already oppose measures such as this proposed ple of hours something to overturn all piling up on Congress’s agenda—issues constitutional amendment. I continue those courts. We even had diagnoses we don’t take time for, such as health to urge that we solve the problems fac- made from the floor of the Senate that care, gas prices, pensions, Iraq, paying ing this Nation and stop the political she was not in a vegetative state. This for college education, and raising the pandering for this fall’s elections. Let’s is a family tragedy. We should have minimum wage. Are we so afraid to get on and do something real. Let each left it alone instead of grandstanding— tackle these real issues which affect all of us be a person who is not going to grandstanding—on a political issue Americans, that we can only attempt try to control the lives of everyone else where we are not about to change any- to bring up issues that can be used in in this country. The distinguished thing. The American people saw this fall’s elections? chairman quoted Senator Goldwater in through that grandstanding. They real- Last month, President Bush spoke that respect. He was right. The Senate ized this is something to be left to a eloquently about this country and our is wrong. family going through a terrible trag- values when he spoke about immigra- I yield the floor. edy. As we know, she was in a vegeta- tion, and I praised the President for his The PRESIDING OFFICER. The Sen- tive state; an irreversible vegetative speech. He emphasized something I ator from Colorado is recognized. state. wish this White House and the Repub- Mr. ALLARD. I thank the Chair. I So I couldn’t help but wonder: What lican leadership in the Congress would ask unanimous consent that our speak- has happened to conservatives who keep in mind in connection with their ing sequence be alternated between would oppose the Federal Govern- efforts to demonize gay and lesbian those who speak in favor of the amend- ment’s intrusion on the prerogatives of Americans. The President said: ment and those who speak against the the States? Where are those Senators We cannot build a unified country by incit- amendment. on both sides of the aisle who stood up ing people to anger, or playing on anyone’s The PRESIDING OFFICER. Is there and said: Certain things are reserved to fears or exploiting the issue of— objection? the States and we shouldn’t intrude? And here I insert ‘‘marriage’’ for Mr. LEAHY. Reserving the right to The States have traditionally set the ‘‘immigration’’— object, and I don’t want to, does the laws of marriage. That has been a for political gain. Senator have the name of who is going foundational principle in laws per- President Bush continued by saying: to go between Senator JOHNSON and taining to our families from the begin- We must always remember that real lives Senator DORGAN? ning of this country. Why this sudden will be affected by our debates and decisions, Mr. ALLARD. No, I don’t. We have need to change that? Oh, I forgot. We and that every human being has dignity and already agreed to it. I don’t want to have elections this fall, so we have to value. . . . amend that. I think we would plan to have an electioneering issue. The I agree. My religion taught that, and meet that. States determine what age you must be I believe that every human being has Mr. LEAHY. Following that. in order to marry, whether you have to dignity and value. Mean-spirited rhet- Mr. ALLARD. I was going to say fol- have your parents’ permission and so oric does not serve this Nation or its lowing those, we can alternate back on. The States have done that. They diverse population. Our Nation would and forth. have done it quite well, and we ought be better served if we refrained from Mr. LEAHY. Mr. President, this is to let them continue doing it. divisiveness that is wielded like a the way we normally have done it. I Most States are going to say mar- weapon in order to score political and think it works best. The Senator from riage is between a man and a woman, emotional points before an election. Colorado certainly is respecting that as they always have. My own State of As an American who has been mar- tradition, and I would agree with it. Vermont, because of our Constitution, ried 44 years, I am a great fan of the in- The PRESIDING OFFICER (Mr. was given a question: Would we support stitution of marriage. I believe it is im- SUNUNU). Without objection, it is so or- gay marriage in Vermont? My State of portant to encourage and to sanction dered. Vermont said no. Instead, we have civil committed relationships, and I respect Mr. ALLARD. I thank the Senator unions, which give gay couples legal the people of my State for the careful from Vermont. rights of inheritance and hospital visi- manner in which they resolved this Mr. President, I rise today to start tation and other prerogatives. We made matter by recognizing civil unions. what I hope will be a constructive de- a pretty sensible decision. But in Judi- They recognized, as my predecessor, bate on my amendment, S.J. Res. 1, ciary Committee hearings, there is the senior Senator from Vermont, Rob- known as the marriage protection strong disagreement that this constitu- ert Stafford, a wonderful quintessential amendment. I think at this point in tional amendment could override New England Republican, did when he the debate it is important that we Vermont’s very sensible decision. spoke of well over 60 years of marriage. carefully review what is said in the But even beyond that, beyond any He spoke about how the love of his amendment and what the intent of the parochial thought, as a Senator, I am wonderful wife Helen, made him a bet- amendment is. It reads: deeply concerned that this proposal is ter person, and how their committed Marriage in the United States shall consist writing discrimination into the Con- relationship made him better. only of the union of a man and a woman. stitution. For the first time—for the Lower the rhetoric. Those who want That is the first sentence. The second first time in our Nation’s history, we to score points for this fall are deni- sentence says: would be amending the Constitution to grating people of committed relation- Neither this Constitution, nor the Con- narrow individual rights and to fed- ships. Senator Stafford was right when stitution of any State, shall be construed to eralize an issue of family law. Well, the he said that people who love make each require that marriage or the legal incidents senior Senator from Vermont is a con- other better people. Don’t we all ben- thereof be conferred upon any union other servative when it comes to the Con- efit from that? We have in Vermont. I than the union of a man and a woman. stitution and to conserving the Con- know I would not have accomplished Now, what does that mean. Let’s stitution. any of the things I have accomplished break it down. And that is what this How will this measure affect Amer- in life without the strong support and chart does that I have before us. It says ican families who currently exist in love of my wife, Marcelle. We have simply that we are going to have a this country whose members seek the done this for 44 years. uniting, uniform definition of marriage protection of civil unions and the ac- Let’s look inward, each of us, to our- throughout the United States. And knowledgment of their committed rela- selves. Let’s make sure we are living then the second sentence, it guarantees tionships? How will it affect child sup- our lives the way we should before we that the courts cannot force States or

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5408 CONGRESSIONAL RECORD — SENATE June 5, 2006 the Federal Government to grant any As we have heard in hours of testi- threat of court-imposed same sex mar- of the rights, benefits, or other inci- mony, in eight hearings, in numerous riage, the Vermont legislature created dents of marriage to any union other Senate committees over the last sev- same-sex ‘‘civil unions.’’ than that of a man and woman. Legis- eral years, marriage is a pretty good The second, and to date the most latures and the people will continue to thing. A good marriage facilitates a widely covered success in the effort to have the power to grant whatever more stable community, allows kids to destroy traditional marriage, came rights or benefits they choose through grow up with fewer difficulties, in- more recently in the state of Massa- the democratic process. creases the lifespan and quality of life chusetts where four judges ruled in the Definition of marriage: This first sen- of those involved, reduces the likeli- Goodridge case that marriage itself tence prohibits courts and legislatures hood of incidences of chemical abuse must be redefined to include same-sex from changing the definition of mar- and violent crime, and contributes to couples, and that traditional marriage riage. The second sentence further pro- the overall health of the family. It is laws were a ‘‘stain’’ on the State con- hibits the courts from creating civil no wonder so many single adults long stitution that must be ‘‘eradicated.’’ unions or domestic partnerships or to be married, to raise kids, and to This edict came despite the fact that granting the right or benefits of mar- have families. the populace of Massachusetts opposed riage. But it doesn’t interfere with pri- Today, there are numerous efforts to this redefinition of marriage and de- vate contracts between a business or a redefine marriage to be something that spite the fact that no law had ever been private entity of some type. it is not. Marriage is and it always has democratically passed to authorize The legislatures can do the following been a union between a man and a such a radical shift in public policy. things. They can create civil unions or woman. domestic partnerships. They can grant I believe the Framers of the Con- Proponents of same-sex marriage the rights and benefits of marriage— stitution felt that this would never be have shopped carefully for the right the second sentence of this amend- an issue, and if they had, it would have venues, exploited the legal system, and ment—and again it doesn’t affect em- been included in the U.S. Constitution. today stand ready to overturn any and ployment benefits offered by private Like the vast majority of Americans, it all democratically crafted Federal or businesses. What we are trying to pro- would have never occurred to me that State statute that would stand be- tect is the State legislatures from hav- the definition of marriage or marriage tween them and a new definition of hu- ing their legislation and the people’s itself would be the source of con- manity’s oldest institution. legislation within their State over- troversy. Not too long ago, it would The question of process is very im- turned by an unelected branch of Gov- have been wholly inconceivable that portant in this debate—it is in fact the ernment, the courts. this definition, this institution of mar- very heart of this debate. While recent Before making my formal comments riage would be challenged, redefined, or court decisions handed down by activ- and going any further, I would like to attacked. But here we are today be- ist judges may not respect the tradi- express my sincere gratitude to my col- cause of it. Make no mistake about it, tional definition of marriage, these de- leagues who have cosponsored this traditional marriage is under assault. I cisions also highlight a lack of respect amendment. It has taken countless say assault because the move to rede- for the democratic process. No State hours of study and discussion to get to fine marriage has taken place not legislature has passed legislation to re- this point, and each of our 31 cospon- through the democratic process such as define the Institution of marriage—not sors has shown courage and commit- State legislatures and the Congress or one. Any redefinition of marriage has ment to protecting marriage. ballot issues around the Nation; this been driven entirely by the body of I would also like to express my ap- assault has taken place in our courts government that remains unaccount- preciation to the majority leader for and often in direct conflict with the able and unelected—the courts. his commitment and leadership. With- will of the people, State statutes, Fed- Some of my colleagues do not feel we out the support of the Senate leader- eral statutes, and even State constitu- should be talking about marriage in ship, the public may never have had an tions. the Senate. I say we must. Our Govern- opportunity to address this vitally im- Activists and lawyers have devised a ment is a three branch government. portant issue in a democratic body. strategy to use the courts to redefine The Congress is the branch that rep- I would also like to express my ap- marriage. This strategy is a clear ef- resents the people most directly. We preciation to the chairman of the Judi- fort to override public opinion and the have a duty to, at the very least, dis- ciary Committee, Senator SPECTER, longstanding composition of tradi- cuss the state of marriage in America. who has ably reported it out of the tional marriage and to force same-sex If we do not take this up, we abdicate committee to the floor for debate. marriage on society. our responsibility. We will allow the Marriage, the union between a man Over the course of the last 15 years, courts sole dominion on the state and and a woman, has been the foundation traditional marriage laws have been future of marriage. This Senate, the of every civilization in human history. challenged in courts across the Nation. world’s most deliberative body, must The definition of marriage crosses all Alaska, Arizona, California, Con- provide a democratic response to the bounds of race, religion, culture, polit- necticut, Florida, Hawaii, Indiana, courts. ical party, ideology, and ethnicity. Iowa, Maryland, Massachusetts, Mon- Marriage is embraced and intuitively tana, Nebraska, New Jersey, New Mex- Legislatures across the country have understood to be what it is. Marriage is ico, New York, North Carolina, Okla- joined the Congress in recent years in a union between a man and a woman. homa, Oregon, Vermont, Washington, affirming a 1996 law called the Defense As an expression of this cultural and West Virginia have all seen tradi- of Marriage Act, or DOMA. DOMA is a value, the definition of marriage is in- tional marriage challenged in court. limited law designed to address two corporated into the very fabric of civil As we speak, nine States face law- distinct issue: No. 1, forced interstate policy. It is the root from which fami- suits challenging traditional marriage recognition, and No. 2, the definition of lies and communities are grown. Mar- laws—California, Connecticut, Iowa, marriage for the purposes Federal law. riage is one bond on which all other Maryland, Nebraska, New Jersey, New This bipartisan legislation passed with bonds are built. York, Oklahoma, and Washington. the support of more than three-quar- Marriage is not some controversial Marriage is under attack all across the ters of the House of Representatives ideology being forced upon an unwill- country. If it hasn’t already, an attack and with the support of 85 Senators be- ing population by the Government. It on marriage is coming to a State near fore being signed into law by then is, in fact, the opposite. Marriage is the you. President Bill Clinton. ideal held by the people, and the Gov- The first success in the activists’ co- To date, 45 States have also passed ernment has long reflected this. The ordinated legal strategy was in laws to protect traditional marriage, broadly embraced union of a woman Vermont in 1999. The Vermont Su- including 19 States that have constitu- and a man is understood to be the ideal preme Court ruled that all the rights tional amendments protecting tradi- union from which people live and chil- and benefits of civil marriage must be tional marriage as solely between a dren best blossom and thrive. extended to same sex couples. Under man and a woman. Voters in seven

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5409 States—Alabama, Idaho, South Caro- the will of the people through the from offering benefits to same-sex cou- lina, South Dakota, Tennessee, Vir- courts. ples. It denies no existing rights. ginia, and Wisconsin—will vote on con- The national effort to redefine mar- What our amendment does is to de- stitutional amendments this year. An- riage has also been buoyed by decisions fine and protect traditional marriage other five State legislatures—Colorado, made by the U.S. Supreme Court. In at the highest level—the U.S. Constitu- Indiana, Iowa, Massachusetts, and June 2003, the Court inferred that a tion. Importantly, the consideration of Pennsylvania—are considering sending right to same-sex marriage could be this amendment in the Senate rep- constitutional amendments to voters found in the U.S. Constitution in Law- resents the discussion of marriage in in 2006 or 2008, and ballot initiatives rence v. Texas. A variety of experts, in- America in a democratic body of elect- are currently underway in Arizona, cluding Justice Scalia and Harvard ed official. I am not willing to sur- Florida, and Illinois. Professor Lawrence Tribe, forecast render this issue to the courts. These state DOMAs and constitu- that this decision points to the end of I also feel it is important to make tional amendments, combined with traditional marriage laws—including clear that on the question of federalism Federal DOMA, should have settled the Federal and State DOMAs. The Massa- and States’ rights I stand where I al- question as to the democratic expres- chusetts court relied heavily on the ways have. While an indisputable defi- sion of the will of the American public. Lawrence decision to strike down that nition of marriage will be a part of our However, Federal and State DOMAs, as State’s traditional marriage law in the Constitution, all other questions will well as State constitutional amend- Goodridge case. be left to the State. ments—all reflecting the will of the When Goodridge took effect in May Gregory Coleman, former solicitor people—are being challenged in the of 2004, same-sex couples became enti- general of the State of Texas testified courts. tled to Massachusetts marriage li- before the Senate Judiciary Sub- The Federal DOMA is itself under at- censes. In anticipation of Goodridge, a committee on the Constitution and made the following statement on this tack. Activists have challenged handful of local officials in New York, matter: DOMA’s interstate recognition provi- California, and Oregon began issuing li- sion in the Ninth Circuit. The second censes to same sex couples in February Some have objected to a proposed constitu- part of DOMA, the part defining mar- tional amendment on federalism grounds. and March. To date, through the com- These concerns are misplaced. The relation- riage for Federal purposes, was also bined efforts of lawless local officials ship between the States and the Federal gov- challenged in the Ninth Circuit, as well and those licenses issued in Massachu- ernment is defined by the Constitution and a as in Federal cases pending in Okla- setts, couples from at least 46 States fortiori, a constitutional amendment cannot homa and Washington State. Plaintiffs have received licenses in those jurisdic- violate principles of federalism and State’s in each case argue that the U.S. Con- tions and returned to their home rights. A Federal constitutional amendment stitution’s equal protection and due States. These 46-plus States are state is perhaps the most democratic of all proc- process clauses require the recognition esses—because it requires ratification by and Federal DOMA challenges just three-fourths of the States—and simply does of same-sex marriages, and that efforts waiting happen. not raise federalism concerns. The real dan- to limit marriage to the union of a More of these cases are expected and ger of State’s rights comes from the recogni- man and a woman for purposes of fed- we will be left with an unworkable tion of un-enumerated constitutional rights eral law are unconstitutional. patchwork marriage laws, crafted by in which the States have had no participa- Because DOMA only clarifies that judges and forced on to on State from tion. the Constitution’s Full Faith and Cred- another, outside the democratic proc- I share those sentiments and cannot it clause should not be read to require ess, regardless of the will of the voters. express them any more clearly. We interstate recognition, DOMA will not As a result of this coordinated cam- stand today at the threshold of the prevent an activist judge from finding paign to redefine marriage through the most democratic, most federalist proc- that the equal protection or due proc- courts, we stand here today, compelled ess in all our Government. As designed ess clauses require it. In other words, by respect for the democratic process, by the Framers of the U.S. Constitu- DOMA does not prevent any court from to publicly debate an amendment to tion, the amendment process is neither recognizing out-of-State marriages; it the U.S. Constitution. Again, this an exclusive Federal nor an exclusively merely removes one of several ration- amendment simply reads: State action: It is a shared responsi- ales that a court could use to do so. Marriage in the United States shall consist bility of both. DOMA is not, nor was it designed to be, only of the union of a man and a woman. Contrary to assertions of those who a comprehensive solution to judicial Neither this Constitution, nor the con- believe my amendment infringes on the activism on same-sex marriage. stitution of any State, shall be construed to rights of the States my amendment ac- Likewise, State constitutional require that marriage or the legal incidents tually protects States’ rights. Forty- amendments are under attack in Fed- thereof be conferred upon any union other five States have spoken with laws or eral court. For example, in Nebraska, a than the union of a man and a woman. constitutional amendments designed to Federal district court in 2005 found un- The first sentence is straightforward: protect traditional marriage. Unfortu- constitutional a State constitutional it defines marriage as an institution nately, same-sex advocates have, amendment passed by 70 percent of Ne- solely between one man and one through the courts, systematically and braska voters. While this cases is on woman—just as it has been defined for successfully trampled on laws demo- appeal to the Eight Circuit—and we thousands of years in hundreds of cul- cratically enacted in the States. My hope the decision will be correctly tures around the world. amendment takes the issue out of the overturned—I find it chilling that the The second sentence simply ensures hands of a handful of activist judges will of an entire State, expressed demo- that the people or their elected rep- and puts it squarely back in the hands cratically, may be undone by a Federal resentatives, not judges, can decide of the States. judge in an unelected position and whether to confer the legal incidents of Now is the time for Congress to ful- tenured for life. marriage on people. Citizens remain fill its responsibility and send a con- State constitutional amendments are free to act through their legislatures to stitutional amendment to the States. also under attack in State court. Just bestow whatever benefits to same-sex Marriage, the union between a man last month, a Georgia judge found un- couples that they choose. It is aimed and a woman, has been the foundation constitutional a State constitutional squarely at the problem of judicial ac- of every civilization in human history. marriage amendment that was ap- tivism. This definition of marriage crosses all proved by 76 percent of the voters. Im- Just as important as what it does do, bounds of race, religion, culture, polit- mediately after it was passed by an is what it does not do. I have said it ical party, ideology and ethnicity. It is overwhelming majority of voters in time and time again and I say here not about politics or discrimination, it 2004, activists launched an attack in again today for the record—the amend- is about marriage and democracy. the courts. The result—the amendment ment does not seek to prohibit, in any Unfortunately, the U.S. Constitution being thrown out on procedural way, the lawful, democratic creation of is being amended to reflect a new defi- grounds—is yet another success for the civil unions or domestic partnerships. nition of marriage—not by democrat- handful of activists seeking to suppress It does not prohibit private employers ically elected Members of Congress but

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5410 CONGRESSIONAL RECORD — SENATE June 5, 2006 by unaccountable and unelected judges. been left to the respective States since I rise to speak in favor of the Mar- If we fail to define marriage, the courts the very beginning of our Nation, and riage Protection Amendment. I chair will not hesitate to do it for us. there is no need today to speculate the Constitution Subcommittee from I, for one, believe that the institution about what future courts may or may which it came through. I am also on of marriage and the principles of de- not do. There is no need today to strip the Judiciary Committee from which it mocracy are too precious to surrender these rights away from the States and came through. to the whims of a handful of unelected, to deny States the right even to inter- This is a critically important topic. activist judges. pret their own constitutions. It is about, fundamentally, two issues. I urge my colleagues to join me in My State of South Dakota has al- No. 1, it is about who is going to de- supporting the Marriage Protection ready enacted antigay marriage law fine marriage in America—not whether Amendment. and has taken up a possible State con- marriage is going to be defined. It is I yield the floor. stitutional amendment to that effect. about who is going to define marriage The PRESIDING OFFICER. Under But that is where the debate ought to in America. Is it going to be defined by the previous order, the Senator from take place—in South Dakota and other the courts that have started this de- South Dakota is recognized. States, not here in DC. bate or is it going to be defined by leg- Mr. JOHNSON. Mr. President, I find I must add that this debate reminds islatures and legislative bodies across it simply astonishing that with the me somewhat of an old children’s fable the country? very limited time we have remaining where a child noted that the emperor That is No. 1. in this congressional session this Sen- has no clothes when all the adults No. 2, and at the very center of this, ate finds itself failing to spend its time around him were reluctant to similarly is how we will raise our next genera- debating education, affordable health point out the obvious. tion of children. care, veterans, gas and energy prices, Very frankly, the sanctity of my 37- That is fundamental to this debate— job creation, or the exploding Federal year marriage is less at risk from gays how we raise that next generation of budget deficit and instead, as part of than from ordinary heterosexuals who children. We are going to talk a lot what can only be viewed as an extraor- are behind high divorce rates, domestic about that. dinarily cynical political charade, we abuse, and irresponsible refusal to pro- I have a number of statistics that we will devote our time to debate the mar- vide for child support. Gay individuals are going to share. It hinges on what riage protection amendment, an seeking some legal structure in which happens in that first debate. Who is amendment to our national Constitu- to maintain a stable and loving rela- going to define it? Defined by the legis- tion that has been overwhelmingly de- tionship as opposed to promiscuity is lature? Defined by the Judiciary? And feated in the past and which continues less of a threat to my wife and I than No. 2, what happens to the children? It to be opposed from groups ranging public policy out of this Congress was the central question of Senator from liberal to the far right liber- which works against the real needs of Moynihan while he was in this body be- tarian, as well as by religious organiza- South Dakota families—involving de- fore he passed away, that we should al- tions, including my own ELCA Lu- cent wages, childcare, health insur- ways be concerned about centrally how theran Church. ance, and affordable housing. you raise that next generation of Could it be that there are those who How wonderful would it be if we were Americans. That is a core, that is a do not want to talk about the real here today talking about strategies principle, that is something you always issues facing American families be- that could strengthen our families and have to keep your eye on, and that cause their inaction has resulted in our communities, that would focus on hinges in this debate. collapsing poll numbers and declining the real needs of children rather than I see my colleague from North Da- public support and they now feel a des- using them as a pawn in a cynical elec- kota on the floor who has recognition perate need to change the subject? tion-year charade. under the previous agreement. The lengths that some people will go The American Constitution ought to I yield the floor. to pander on this issue is, frankly, be rarely amended—as all the genera- The PRESIDING OFFICER. Under shameful. There are ads currently run- tions of American leaders who served the previous order, the Senator from ning in my State claiming that I must in this body understood. When it is North Dakota is recognized. not care about children having a moth- amended, it ought to expand oppor- Mr. DORGAN. Mr. President, I thank er and a father. How foolish. How sad. tunity and freedom, and it ought to be my colleague from Kansas, Senator My wife Barbara, a social worker, and consistent with being profamily in a BROWNBACK. I will celebrate our 37th wedding anni- real and serious way. There is a place Mr. President, we come on a Monday versary tomorrow. We have three won- for debate over gay marriage, but in to the floor of the Senate to discuss derful children and three beloved South Dakota that debate ought to public policy and important issues. young grandchildren. Barbara and I are take place in Pierre and through public And today the majority leader has both former Sunday school teachers, debate on the State constitution. All brought to us a proposed constitutional and we have each in our own way de- roads should not lead to Washington, amendment. It is the first of what I be- voted our careers to public service DC. lieve will be two constitutional amend- which advances the interests of fami- This Senate should once again re- ments that will be considered by the lies and particularly of children—and soundingly and in a thoughtful, bipar- Senate for the next 7 or 10 days. That decent wages and farm incomes, afford- tisan manner reject the pending is not unusual. In fact, I had someone able health care, affordable housing, amendment to our Nation’s most sa- go back and check to see how many high quality and affordable education, cred civil document, our United States proposed amendments to the United a truly profamily Tax Code, opposition Constitution. States Constitution have been offered to budget deficits which will have to be I yield the floor. here on the floor of the Senate or in paid by our children and our grand- The PRESIDING OFFICER. The Sen- the U.S. House, or at least offered in children, advancing the cause of adop- ator from Kansas. bill forms. I discovered that in recent tions, advancing the programs which Mr. BROWNBACK. Mr. President, I Congresses that there were I believe serve the needs of low-income expect- understand there is a previous agree- something like 76 proposed amend- ant mothers and their early childhood ment that Senator DURBIN was to ments to the Constitution. In another needs. Ironically, these are all efforts speak at this point in time. year, there were 67 proposed amend- which have largely been opposed by The PRESIDING OFFICER. Under ments to the U.S. Constitution. those who today tout the need for a the previous order, Senator DORGAN The Constitution has not been marriage protection amendment. was to be recognized. amended except for the first 10 amend- How cynical is that? Mr. BROWNBACK. Mr. President, I ments which were the Bill of Rights. I oppose gay marriage—and I voted in will yield the floor when he arrives at Outside of the Bill of Rights, the Con- favor of the Defense of Marriage Act a timely point. I want to get started on stitution has been amended 17 times in enacted years ago by this Congress. this debate. Time is short and the nearly 220 years—17 times in more than But marriage law in its details have issues are important. two centuries.

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5411 The reason for that is most people stitution with a constitutional amend- But let me talk just for a moment believe that we ought to amend the ment that would prohibit gay mar- not about the issue of gay marriage. Constitution only rarely, and then only riage. We have addressed that. I supported ad- when it is urgently necessary and only Next week, we will have a constitu- dressing it in the Defense of Marriage when it is the last resort. We have had tional amendment that would prevent Act. I voted for the Defense of Mar- a lot of different proposals to change desecrating the American flag or give riage Act, voted for a definition that a the Constitution. There was a proposal the States the ability to prevent flag marriage is between a husband and to change the Constitution to provide desecration. wife, a man and woman. That has al- that the Presidents of the United On the issue of gay marriage, I voted ready been done. States for one term shall come from as a Member of the U.S. Senate for a So let me talk about what we could the North and then shall be succeeded 1996 act called the Defense of Marriage be doing today and tomorrow and in by a President who comes from the Act. I did that because it creates for the next week and a half or 2 weeks in- South. That was a proposed amend- Federal law a definition of what mar- stead of the agenda given us by the ma- ment to the U.S. Constitution. riage is. It defines marriage as a union jority leader. There are some people Fortunately, for our country, not between a man and a woman, husband pretty dispirited about this Congress. many of these ideas over all of these and wife. That is Federal law. I sup- Because the polling says this Congress many, many years have been adopted ported that. I was happy to support is not very well thought of, we con- by the U.S. Congress and by State leg- that. That is what I believe. clude the American people are kind of islatures, which is required in order to I don’t believe we should be altering dispirited about the agenda, about amend the U.S. Constitution. the U.S. Constitution. I don’t believe what we are doing. We have a lot of The Constitution for this country we should be amending the basic trouble. was written by 55 white men. It was in framework of our democracy on this We have federal debt up to our neck, a room in Philadelphia. In that room in subject. The current law, the Defense and there is more to come. The Presi- Philadelphia, if you go to visit today, of Marriage Act, which the Federal dent is offering us budgets with the you will see the chair that George Government passed in 1996, still stands largest deficit proposals in history— Washington sat in at the front of the today. this from a President who described I see no reason to amend the U.S. room. George Washington chaired the himself as a conservative. But that is Constitution. Constitutional Convention. You will This past week in my State an orga- not what his budgets are about. We have the highest trade debt in an- see where Ben Franklin sat, where nization called Focus on the Family nual deficits in the history of this Madison sat, where Mason sat. Those 55 ran a newspaper advertisement taking country, dangerous trade deficits, $702 men wrote a Constitution in a hot up the large part of a page in daily Philadelphia summer period and pre- billion last year. Add the increase to newspapers. It says: Senator DORGAN sented it then to the country. It was does not believe that a child needs both the national debt from a budget stand- really a quite remarkable Constitution. a father and a mother. point to the trade debt, and we are $1.4 It begins: ‘‘We the People.’’ They also ran the same language in trillion out of balance. Let me say that In the writing of the Constitution, radio ads in my State. again: We are out of balance $1.4 tril- they created a framework for this new Now this organization—I am not fa- lion in a year. Does anyone seem to kind of government which has become miliar with them—must think there care about that? Is there the urgency over the last two centuries the most are 9 commandments. There are actu- to deal with that as we have for con- successful democracy or representative ally 10 commandments. This must be stitutional amendments? I don’t think government in the history of human- an organization that has forgotten the so. kind. We have lived only a blink of commandment that says: Thou shall Fiscal policy, trade policy, foreign that history. And, yet, during that pe- not bear false witness. My hope is they policy—we have serious foreign policy riod this is the most successful democ- might go back and review that. There issues and problems. Health care: add racy on the face of the Earth. is nothing in my record that suggests I up the challenges we face and ask your- Two-hundred years after the writing don’t care whether a child has a moth- self: What are we doing about these of the Constitution, there was a cele- er and a father. challenges? Do we have these issues on bration in that same room. I was one of This is a legitimate discussion we are the floor of the Senate? Not that I can the fortunate ones to go to that cele- having about a constitutional amend- see. bration representing one of the 55. ment. The issue of gay marriage is an It won’t be very long—in fact, it is These 55 people were men and women important and legitimate issue to dis- happening now—that we have people and minorities. It wasn’t 55 men as ex- cuss. But one would think it is also who are now paying for prescription isted in that room when they wrote the worthy of organizations on both sides drug coverage, a monthly premium, Constitution. The 55 people who cele- to be truthful in that discussion. That, but who no longer get prescription brated in that room the 200th birthday regrettably, at least in this case that I drug coverage because of what has been of the Constitution—it was really quite have cited, has not been the case. legislatively defined as a doughnut a remarkable event. I sat in that room This issue of amending the U.S. Con- hole. In other words, they lose cov- thinking about the history, thinking stitution is clearly before the Senate erage for a significant period of time, about George Washington sitting at because it is an even-numbered year. but they should still pay the pre- the front in that chair with the piece of The even-numbered year is one in miums. Maybe we should have that on wood that is decorated as the sun on which the late Claude Pepper used to the floor of the Senate and fix that. the back of that chair. say the American people have the mir- We could fix that easily. There is a I thought to myself: What a remark- acle of grabbing the American steering study that shows we could fix that by able thing it was for me, coming from wheel and deciding which direction simply removing the perverse provision a town of 300 people, from ranching and they want to nudge our great country. in that act that prohibits the Federal wheat country in southwestern North It is, after all, the American people Government from negotiating lower Dakota, from a high school with a sen- who are in charge and the American drug prices with the pharmaceutical ior class of nine students, and here I people who will make decisions about industry. We could fix that so-called am sitting in the room where George the direction of our country. doughnut hole, or fix the problem of Washington presided over the writing This is an even-numbered year. We people having no health care prescrip- of the Constitution for this new coun- understand why this issue is before the tion drug coverage through Medicare try of ours. Senate. It is about an election this fall. at the same time they are required I tell that story only because it is I am not saying it is an unimportant every month to pay premiums. Would important for us to understand the cir- issue; I am saying that the notion of that be an advisable thing to do? I cumstances of amending the Constitu- having to amend the basic framework think it would. tion. of our government, amending the Con- We are going to also be debating the Today, we have on the floor of the stitution, that is a political debate death tax. I heard on the opening por- Senate a proposal to amend the Con- aimed at this fall, not this week. tion of the Senate that the death tax is

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5412 CONGRESSIONAL RECORD — SENATE June 5, 2006 going to be repealed. It may be a sur- was in a hospital. A friend of hers cially this Congress and at the White prise to those who are still alive, but called me on her behalf. Her friend House, pay our bills. Take care of our there is no death tax. There is no death said: She is in her nineties. She has kids. That has to do with education tax. The term ‘‘death tax’’ is a creation been a friend of yours and a supporter and health care and much more. Honor of a pollster who took this nugget of a of yours. You have never met her, she our parents, Medicare, Social Security, creation, took it to a political party never met you, but she always liked and other issues. Reward work. Clean and said: I have something really inter- what you have done. Would you call up our mess. I guess that is the envi- esting, and it polls off the charts. Tell her in the hospital? I said, of course I ronment. Defend freedom. people there is a death tax and come would. Let me talk a little bit about a cou- out for its repeal. I called the hospital and talked to ple of these areas, all we really need to There is no death tax. There is a tax this woman. She had elected to die. know. What about the issue of paying on inherited wealth. When the husband She had been on kidney dialysis. She our bills? We have one more chapter of or wife dies, the other spouse owns ev- said: I have lived a great life, but I de- the same, tired book brought to the erything with no tax consequences at cided I just don’t want to continue Senate. Instead of paying our bills, this all. There is a 100-percent exemption. with the kidney dialysis, so I will die chapter says we collect $20–$30 billion a So for the first spouse there must be a here. I will be here a couple more year from the tax on inherited wealth. universal exemption. In addition to weeks, maybe a week, and eventually— Let’s not worry about the fact we are that, there is now a $2 million exemp- I have made this decision, I am at choking on debt. Let’s just get rid of tion on an estate for one spouse. In ad- peace with it. I have had a great life. that tax in a way that benefits the dition to that, the majority party says She said—this is about 3 weeks before wealthiest Americans. it is urgent that we get rid of the so- the election—she said to me: Byron, be- We have already had a vote on the called death tax, the bulk of which fore I came to the hospital, however, proposition of whether the transfer of a would help those who are the wealthi- when I made this decision, I put up all family farm or other family business est Americans. the yard signs, put up yard signs on ought to be taxed with an estate tax. I So if Donald Trump—just to use a both sides of my property with your offered that amendment twice. Twice. name because he likes having his name name on it, and then I voted absentee. And on January 1, 2003, the transfer of used on everything—if Donald Trump She said: By the way, if there is some all family farms and all family busi- were to die, God forbid, at some point technical requirement that you be nesses to lineal descendants or the kids when he dies, a substantial portion of alive on election day, don’t tell people who want to run them would have been his estate will have been created that I am not alive. permanently exempt, 3 years ago. We through the appreciation of his as- This woman had a great spirit about already had that vote, so don’t raise sets—and has not been taxed. The same wanting to be involved, even at the end that issue. Incidentally, the majority would be true of most of the richest of her life, wanting to be involved in voted against that—twice. We had that Americans. this country’s political system. vote and made that decision, regret- The second richest American is War- John F. Kennedy used to say that tably. ren Buffett, quite a remarkable man every mother kind of hopes her child The question is: Pay our bills. Are we from Omaha, NE. He is really special. might grow up to be President as long going to do that? Are we going to keep He says: Look, if there is a class war as they don’t have to be active in poli- finding ways to provide emergency ap- going on, my class is winning—speak- tics. But politics is an honorable pro- propriations for the monthly costs in ing of the wealthiest. He doesn’t be- fession. It is the way we make deci- Iraq and Afghanistan and other related lieve there should be a provision sions in America. All the American issues and pay for none of it? The only brought to the Senate to get rid of the people ask of this Senate, all they ask people we ask to deal with that issue estate tax. He does not believe that is of policymakers and decisionmakers is are the soldiers we send to Afghanistan fair. He does not believe it is the right to focus on things that matter most. and Iraq. We don’t ask the American thing to do. What is ahead of us? What do we do people to believe we ought to pay for But we are up to our necks in debt, about it? it. We have been asked to provide we have massive fiscal policy budget We need, in this political system, to roughly $440 billion in emergency fund- deficits, the highest trade deficits in justify the faith the American people ing, every dollar of which is borrowed history, and what is the priority? The have always had in this system. That from future generations. majority party, we were told this after- faith is shaken now, but we need to Pay our bills. What about our kids noon, the priority is we have to get to take action to justify that faith. What and grandkids? Are they the ones who the Senate a provision to provide very do we stand for? What needs to be will pay the bills? Is that responsible? significant tax cuts for the wealthiest done? What is required to be done? All we really need to know is the les- Americans. Unbelievable. What things are required to be done to son, pay our bills. Someone from the outside would look put our country back on track? How about taking care of our kids? at that and ask: Is this a joke? Are you There was a great little book written Health care, education, poverty. We really serious as legislators? No wonder by Robert Fulghum, ‘‘All I Really Need have a lot of things to work on there. people take a look at this Congress and To Know I Learned In Kindergarten.’’ We have all of these issues with respect say: What are you thinking about? Some may have read that book, ‘‘All I to kids without health care, these What on Earth do you have on your Really Need To Know I Learned In Kin- issues about adequately funding edu- minds? dergarten.’’ Play fair, follow the rules, cation in this country. Is there any- I talk about the dispirited feelings don’t hit, wash hands, flush—the book thing more important to anyone than people have about this Congress. The went on and on. ‘‘All I Really Need To their children? Is there anyone here polls are pretty clear. But I also think Know I Learned In Kindergarten,’’ I who believes they don’t want to do ev- there is a great reservoir of hope in was thinking about that with respect erything they can to leave a country or this country. So let me talk a little bit to all we really need to know in the leave a world that is better for their about the hope, the hope that maybe Senate, about the concern of the Amer- children than it was for them? What- we can address things in the coming ican citizens, about their future. ever is in second place to the kids is a months that really matter to the peo- Let me describe our agenda more long ways behind. ple of this country in a way that really simply. Perhaps if I were to write a Can we manifest an agenda in the affects their future. I am not sug- book like that, not so much kinder- Senate that puts children first, that gesting that which we will discuss here garten but all we really need to know, takes care of our children and doesn’t does not matter. I am just saying there let me describe what I think we ought have them pay debts we don’t have the are a whole series of things that con- to be doing. courage to pay? Can we decide their front us that are challenging, difficult First of all, we ought to pay our bills. education is of the utmost importance? issues. You cannot spend money you don’t Can we decide there is no child that A woman called me during my last have on things you don’t need. We are ought to show up at a hospital or a doc- campaign. During the campaign she choking on debt in this country. Espe- tor’s office whose medical care is a

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5413 function of how much money their par- manufacturing jobs, some 14 million, that I am proud are a part of our polit- ents have in their pocketbook? Can we are at risk to outsourcing. But more ical system—women’s rights, workers make those decisions? than that, we have a total of 42 to 56 rights, civil rights. Yes, pay our bills and take care of million jobs, including service jobs, The decision of this Congress to de- our kids. How about those for two that are susceptible to being cide what we want to work on is one short lessons? outsourced to other countries—China, that will be evaluated by the American How about honor our parents? Medi- Indonesia, Bangladesh, and others—and people. What do they want us to work care and Social Security. In the last even those who do not leave our coun- on? I said when I started, I don’t sug- century, people are living much longer. try in search of 33 cents-an-hour labor gest that the issue of gay marriage is We went, in 100 years, from an average by kids or others who don’t have an irrelevant issue or unimportant. I life expectancy of 48 years to 78 years rights, even those who don’t leave will do suggest that we have dealt with that now. Think of that. We added 30 years see a lesser standard of living or de- issue in the Defense of Marriage Act. to the average life expectancy in this pressed wages because they will be in We did it in 1996. I also believe the rea- country in one century. That is pretty competition with people in other parts son it is on the floor today, relative to unbelievable. Now, that has caused of the world who will work for far less. all the other things that I have de- some strains on Social Security and So the question for our workers is: scribed, all the other things that we Medicare. That is not surprising. That Who is going to stand up for them? should be tackling—paying our bills, is called success. All of the strains in Does it matter that we fought for a taking care of our kids, honoring our Medicare and Social Security are born century for the things that matter to parents, rewarding work, cleaning up of success. People are living longer, them—the right to organize, the right our mess, defending freedom, all of better, and healthier lives. to work in a safe work plant, child those issues—the reason this issue is What is the solution to that? Some labor laws, a minimum wage, decent on the floor is about November. That say the solution to that is to privatize health care, decent retirement pro- will be true for some long while now. The American people will have a Social Security, take it apart. The grams? Does it matter to them that we chance to evaluate that. Interestingly President led an effort last year—he now have a circumstance where we say enough, when that Constitution says, ran a lot of gas through Air Force to American companies: Here is the ‘‘We the people,’’ it means the power of One—he went all over America saying green light to search for cheap labor one. For the American people, it comes elsewhere. You can get rid of all the we ought to privatize Social Security. down to the power of one, one person It wasn’t the first time for him. He things that are troublesome to you. casting one vote on one day. All of the did that in 1978, when he ran for Con- How about cleaning up our mess? power, all of the political power in gress in Texas. In 1978, he said Social Would that be a value that would make America exists right there. They have Security would be broke in 10 years. He some sense? Dare we talk about the en- the chance to describe what they want was wrong then. He was wrong last vironment, about our mess with re- for this country, what their hopes and year. Now at least we don’t have that spect to energy? We suck 84 million dreams are. There is a town square discussion in front of us. It does re- barrels a day out of this Earth. We put still, and in that town square there quire us, from time to time, to make straws in the Earth called drilling rigs. needs to be a discussion, a conversation adjustments in Social Security or We suck 84 million barrels a day out of in America about the glue that keeps Medicare but not under the guise of the Earth of oil, and we in this little this country together. What is this taking it apart because you never liked country of the United States use one- country? What kind of glue exists that it. fourth of it. Twenty-one million bar- keeps Americans together as Ameri- How about fair prices for prescription rels a day of that oil comes from Saudi cans, talking in the town square about drugs? Maybe honoring our parents Arabia and Iraq and Kuwait, Venezuela how to shape the country, how to pre- would be deciding that whether you are and other areas of the world that are troubled. Does it make sense for us to serve and protect it? on Social Security or Medicare or not What we have done and where we be that dependent on those troubled quite at that age, that you shouldn’t have been is extraordinary. This coun- have to pay the highest price in the areas of the world? Should we care try was born of the blood of patriots, world for prescription drugs. Maybe about the environmental consequences not people given to be worried about changing the law so that we would of energy? Should we care about the themselves. They gave everything of allow people to reimport FDA-approved dependence on energy, all of those themselves. This country survived a drugs from other countries at a frac- issues? The answer is: Yes, clean up our Civil War. We beat back the forces of tion of the price would be honoring our mess. What about defend freedom? Nazism and imperial soldiers of Japan. parents. Standing up for Medicare and There are a lot of ways to defend free- We survived the depression. We learned standing up for Social Security and the dom. We have troops in harm’s way how to fly airplanes. We left the values they have brought to our coun- today that defend our freedom. They ground and flew around the world. We try, maybe that is honoring our par- don’t ask questions. They put on a uni- built rockets. We walked on the moon. ents. form and go. Part of defending freedom We cured smallpox and polio. We cre- How about rewarding work? Paying is also keeping our promise to vet- ated the telephone and television and our bills, taking care of our kids, hon- erans. Those who come home, those computer. What we have done is oring our parents, how about rewarding who come home losing an leg or arm breathtaking and quite extraordinary. work? This Congress four times has and go through the system at Bethesda We did that because our country has said we want to continue providing tax or Walter Reed, they are still soldiers, always been interested in the chal- cuts to companies that close their but then, ultimately, when they are re- lenge, in what is ahead, what is around American manufacturing plants and leased, what happens is they become the corner. ship the jobs overseas. That is per- veterans. Is the money made available Thomas Wolfe, in his book ‘‘You verse, but that is exactly what has hap- by this Chamber to provide for vet- Can’t Go Home Again,’’ talked about pened in the Senate. Four times I have erans health care sufficient? Will we the American people being filled with offered an amendment to say let’s shut continue to be a billion and a half dol- an almost quenchless hope, an inde- down the tax break that says to an lars short because we have other prior- structible belief, a boundless optimism American businessman or woman: ities? that somehow, some way, something Close your American factory, fire your Defending freedom is a lot of things. good was about to happen. That still workers, and move the jobs overseas, It is about honoring soldiers, especially exists in the soul of this country. you get a big, fat $1.2 billion-a-year tax honoring soldiers. It is about keeping Something good is about to happen. My break. And we can’t close it. our promise to veterans. Defending hope is that those of us who work in We have lost nearly 3 million jobs in freedom is not about wiretapping the this body will not be so quick to be- the last 4 or 5 years, shipped overseas. American people. Defending freedom is lieve that that something good is the Alan Blinder, a respected former Vice a lot of things. It is important. It also need to amend the Constitution this Chair of the Federal Reserve Board, a has to be part of any agenda that we week, next week, next month, and the mainstream economist, says all U.S. describe. There are a lot of freedoms month after.

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5414 CONGRESSIONAL RECORD — SENATE June 5, 2006 Not too long ago in a congressional some of the suggestions I have made ferently than it has ever been defined session, we had something like 63 dif- about paying our bills, about taking before, this effort of this vast social ex- ferent proposals filed to amend the care of our kids, honoring our parents, periment, the early data that we see basic framework of our democracy. We cleaning up our mess and doing the from other places, harms the institu- have amended it 17 times in 200 years, things that defend freedom and honor tion of the family, the raising of the one of which was to prohibit alcohol. work, maybe those are the things we next generation. And it is harmful to That got repealed. We have amended might get to soon. I hope so. In that the future of the Republic. the Constitution rarely. Yet we have case, I think the American people I think we can hardly have a more people who come routinely to the floor could take some hope and believe that foundational debate regarding things of of the Senate to say: Change the Con- Congress has sunk its teeth into that importance than the marriage amend- stitution. I see very few people here which matters a great deal to our fu- ment. I remind my colleagues that who look like George Washington or ture. there is nothing controversial that we Franklin or Mason or Madison or I yield the floor. are debating. I will put up a chart that Thomas Jefferson. Jefferson was not at The PRESIDING OFFICER (Mr. VIT- people have already seen. We need to the Constitutional Convention. He was TER). The Senator from Kansas is rec- remind people of the wording. The abroad at the time. ognized. wording on this amendment is: By suggesting I don’t see people who Mr. BROWNBACK. Mr. President, I Marriage in the United States shall consist look like them, I don’t suggest that thank my colleague from North Da- only of the union of a man and a woman. people here aren’t good-looking people. kota for speaking about the constitu- This is hardly profound science. This I am saying go back and read what tional amendment. is a statement and people understand they did, understand what they con- Before we left on Memorial Day, we it. It is clear. We have held nine hear- structed. Understand what exists in the dealt with a very important issue, and ings in the Senate on it. The next sen- Constitution and why. Understand that was immigration. Immigration is tence is: what the first 10 amendments intended now in conference committee. It is a Neither this Constitution, nor the Con- to be for this country. Then ask your- key topic. It is my hope that by the stitution of any State, shall be construed to self how prepared are you to decide we end of this week or next we will deal require that marriage or the legal incidents should add several more amendments with the budget and budget reforms. thereof be conferred upon any union other to the Constitution, maybe two this We need to get to a balanced budget. I than the union of a man and a woman. week and next week? How about three believe we need to do it in 5 years. Oth- In other words, the courts cannot de- or four more? There are others filed. Is ers have said we need to cut the deficit fine marriage differently. Legislative the Constitution a rough draft? Is the in half in 5, if we can. We are dealing bodies can look at it differently. The work of Franklin and Madison and with that issue. I hope we can have courts cannot. It says the legislature, Mason and Washington a rough draft support from our colleagues on the the people’s body, has to be involved in for those who believe that the mood of other side to move forward on those deciding the institution of marriage. the moment is to continue to amend budget issues to get our budget in bal- Some say this is something that was and amend? ance. We have had the issues of brought up by Congress in an election I know there are those who think Katrina. The Presiding Officer knows year because we are concerned about this is similar to passing a law. It is so much about that; the war in Iraq. elections. But I can certainly say for not. It is whatever the emotion of the We can get there, but we will have to this Senator, and everybody I know moment is ought to persuade us to do show some determination. I hope we supporting this amendment, that is not that. That is not the case either. get bipartisan support on that. the case. I view this as foundational to A couple weeks ago, I was in Phila- I also remind my colleagues that this society, to the future of the Re- delphia and there is a place called the there hardly could be a more important public. I think I am in pretty good Constitutional Center. All 55 men who issue than the foundational structure company. wrote the Constitution are memorial- of how we build society and how soci- I will show you the next chart on this ized in statue in a room, and they are eties have been built for thousands of particular issue and the number of life size, made to their exact measure- years. They have been built around the States that have taken up the issue of ments. It is pretty remarkable to walk institution of marriage, of a man and a fundamentally deciding what marriage among them and then to think about woman bonded together for life. Out of should look like. 45 out of 50 States what they created. They were an ex- that, families develop and grow and have either adopted constitutional traordinary group. I doubt very much prosper. Children are raised, and that amendments or passed laws protecting whether such a group exists today. Per- is the next generation. The next gen- traditional marriages. That means we haps it was divine providence that gave eration after that is brought forth and are already beyond the three-fourths us at that moment that talent to cre- the generation preceding them is cared number of States that have defined ate that Constitution that has created for or nurtured. That has been our fun- marriage as the union of a man and a this country. I have been fairly well damental structure. It hasn’t been a woman. To amend the Constitution, criticized for a long while for not being structure of Government where we say you have to have two-thirds of the willing or anxious to amend the U.S. we will have a whole bunch of Govern- House, two-thirds of the Senate, and States Constitution unless it was the ment out here to take care of people. three-fourths of the State. We are al- last resort, the only resort to respond Basically, what we say is: We will have ready over three-fourths of the States. to something that urgent. I have not a whole bunch of families out here to It is kind of a reverse constitutional found that in most cases and have in take care of people. And when that amendment because 45 States have most cases opposed those who wish to doesn’t work, we will have Government acted and said marriage is a union of a amend the Constitution. support the structure and support the man and a woman, and we think it is so I don’t intend to cast aspersions on people who fall through the cracks. We important that we are going to act those who believe this is an important will try to help as much as we can. We ahead of time. We are going to go at issue. I believe strongly this is the will try to help families as much as we this now so that the courts cannot beat wrong issue to be on the floor of the can, and that is why we try to offer us to the punch. Senate today. I believe strongly there help for marriages. That is why we try But the problem is that those are are so many other issues that we ought to give advantages to marriages, so State legislatures, and they can be to be dealing with today. But having that that is the best structure that we trumped by a Federal court, which has said all that, we will, in one way or an- know of that has been created to raise already happened, and their State con- other, decide as the Senate about these children, the next generation. stitution can be ruled null and void and two constitutional amendments and The problem we have in front of us is unconstitutional. So you have 45 of the about the question of whether our the institution of marriage has been 50 States already speaking on this and country should continue to have a tax weakened, and the effort to redefine it saying marriage is the union of a man on inherited wealth. We will get on this vast social experiment that we and a woman, feeling that it is so im- through this. My hope is that at least have going on, redefining marriage dif- portant that they want to act before

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5415 Congress, before the Constitution can saying that marriage is the union of a those traditions and thoughts. It is a be amended. They think it is that im- man and a woman. You have different beautiful institution; it is one that we portant. They have already moved for- racial groups that are saying marriage pass on the values from to the next ward before this body has enacted. is a union of a man and a woman. They generation. Nineteen States have constitutional are not bigoted individuals. They are It is an institution that is in trouble. amendments protecting the definition simply seeking good public policy and We have had a lot of dissolutions of of marriage as a man and a woman; 26 the best place to raise a family, recog- marriage in this country, as a result of others have statutes. Only five have nizing that the law is a teacher. If the any number of factors. Maybe it is the not acted to protect that law statu- law says you can redefine marriage any speed at which we live. We all say in torily or constitutionally. I will show way you want to, the law teaches you our hearts we know the best thing is to you the next chart. You cannot say can have marriage any way you want. have that marriage endure. We know this kind of barely passed or that it is If you define that marriage downward, the best thing is for the marriage to a small majority or that people don’t you harm an institution that already is endure and to raise good, healthy chil- care about this issue. I will show you a in great difficulty in this country. I dren. We know the best thing is for chart of how the vote total has been will cover that much more later. Let’s that marriage to nurture and grow going across the States, across the watch our language. We are trying to those children. We know that in our country, in every region of America. deal with a serious matter for the fu- hearts. You don’t have to have a law When a constitutional amendment in a ture of the Republic. passed to tell you that. State defining marriage as the union of On Saturday, I was at a wedding in We also know this institution is in a man and a woman has come up in Topeka at which my daughter was the trouble, and if you redefine it, you are front of the people, the people have maid of honor. I don’t think I am too going to create further problems for a passed it. They have passed it, and it is partial in telling my colleagues that fundamental institution. What you are not by 51 to 49. It is not just in the she was beautiful, radiant—not to com- going to do is you will take out a lot of Midwest or the South; it is in the East, pete with the bride, but she was beau- the breath that is left in the institu- it is in the West, it is everywhere. tiful, and I was very proud of her. It re- tion, and you will move in another di- Look at the chart, starting from the minded me of that time-honored insti- rection. earliest one in 1998 to the latest, in my tution we are talking about—marriage, Mr. ALLARD. Will the Senator yield? State of Kansas, in 2005. Look at the the union of a man and a woman. As I Mr. BROWNBACK. I will be happy to margins they have passed it by. You sat next to my wife, with our children after my final point. Other countries have a low of 57 percent in Oregon on next to us, other than my daughter that have redefined marriage have seen the west coast. Still, that is a strong who was in the wedding, I thought an enormous loss in the institution. majority. My guess is that a number of what a wonderful institution, what a Other countries that have defined this people in this body on their first elec- way that we want to have this country differently and have been there for a tion were not elected with more than built around, with grandparents and period of time have found a loss in the 57 percent of the vote. And you have parents and children and siblings bond- institution of marriage and the number the highs of 86 percent in Mississippi, ed together for life. of people willing to get married—to the 79 percent in my State, and in North And do you know what. Families point that most children are born out Dakota 73 percent of the vote. fight. There gets to be difficulties in of wedlock, not born in these bonded It is not a small group of people say- families. But they stay together and relationships. That is the future of ing, yes, it does matter to me; it is a support each other. It is the durability what takes place when you redefine a strong majority of the public across of that structure that helps build peo- fundamental institution that every- the entire country that is saying we ple. Families encourage each other. body agrees is a union between a man need to define this institution before You push one another and say you and a woman. When the law teaches it the courts come in and do this vast so- ought to do this, and you can do that; is different, you will move the people cial experiment of redefining the fam- and when somebody starts to fall, you away from that, and we will have fewer ily unit we build families around. We pick them up. Even when you get mad, marriages in America. That is not need to get this defined. The average you don’t go away—some people do. what we need nor want. ballot in support is 71.5 percent. That But you say, all right, it is family. We I am happy to yield to the primary is the best public opinion polling you hang in here and we have to do that. cosponsor of the constitutional amend- can get—how people vote when they go That is what families do. That is why ment. to the booth in region after region, de- they are durable and good, and that is Mr. ALLARD. I thank the Senator fining what marriage is. They know why we want to support them, because from Kansas for his remarks. During what they believe marriage is. If we of what a family is. It is that durable several hearings we both participated had Senators who would vote as their set of relationships that are thick and in, we have heard about how a healthy States have voted, we would have 90 that bind us together. We are reminded marriage benefits children, how it ben- votes for a constitutional amendment, when we go to a wedding ceremony and efits a community and the foundation defining marriage as the union of a we say here is a young couple getting of society. Don’t you feel that if we man and a woman. That is how their married, and they are beautiful young don’t preserve the definition of mar- States have voted, either by a constitu- people and they are radiant and excited riage, somehow or other we make mar- tional ballot or within their legisla- and nervous; they probably don’t have riage less relevant, and when you make ture, in the laws that they have passed. any clue of what they are getting into. it less relevant, then I think it is easier I urge my colleagues to reconsider As my wife and I said afterwards, we to have higher divorce rates and easier the language being used here. There didn’t know anything about marriage to have a dysfunctional family because has been strong and vitriolic language when we walked into it. Twenty-four the real importance of a family is lost. thrown out. I don’t appreciate that on years later, we know a little bit more Mr. BROWNBACK. Reclaiming my any side of it, whether it is supporting about it. We know the promise and the time, I thank my colleague for the the constitutional amendment or beauty of it. We have children from it. question. I not only think that—and it against it. People are trying to make We have been gifted with five children. strikes me that is natural to presume— fundamental policy for the country on You know the importance of it, of stay- that is the experience taking place in a fundamental issue, and that is mar- ing in there and supporting that fam- other countries. As I said, I will have riage. ily. some charts on this tomorrow that I It is not bigotry to define marriage We know the values transmission will bring forward and showcase to peo- as the union of a man and a woman. If that occurs in a marriage, what the ple. The experience in Europe and the that were the case, then you have 45 of parents say to their children and what Scandinavian countries is not encour- 50 States that have done that. You they live in front of their children. We aging in what we have seen taking have major religious institutions, Pope know the values transmission that place with the institution of marriage. Benedict of the Catholic Church, and takes place from grandparents, if they Those are places that have redefined you have many other church leaders are surviving, to children, passing on marriage over a period of time now.

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5416 CONGRESSIONAL RECORD — SENATE June 5, 2006 They have said marriage can be be- courts challenges to the Federal public interest. This is what we need as tween same-sex couples. You have DOMA, the Defense of Marriage Act, a Nation. What do we need to do? What counties in Norway where over 80 per- which the prior speaker, the Senator is in the public interest? And they are cent of the first-born children are born from North Dakota, was talking about, clearly saying that it is in the public out of wedlock and two-thirds of the we now have Federal challenges to interest to support marriage as the second children are. The institution no that, and more is coming, more is com- union of a man and a woman and have longer means much of anything. It is ing. So for my colleagues to say, well, more of it, not less, and to have strong- defined away. it is not a particularly important er unions, not weaker ones, and to have You can say: OK, that is fine because topic, and we have other things we an institution that is supported by law, you can raise good children in that set- need to deal with, that is not what the not defined out of existence by law. ting. You can raise good children in a States say. The States say this is an They say this: single family setting or with two peo- important topic, and they are staring In recent years, marriage has weakened, ple living together. But from all the so- down the barrel of Federal courts de- with serious negative consequences for soci- cial data, we know that is not the best fining it away, as the first Federal ety as a whole. Four developments are espe- place. We know that you are asking for court that has ruled on this has al- cially troubling: Divorce, illegitimacy, co- a lot of problems if you define mar- ready done, in saying marriage is not habitation, and same-sex marriage. Marriage riage away or let it be defined away by protects children, men and women, and the the union of a man and a woman. It is common good. The health of marriage is par- the courts. If we are going to do this, if not. Somebody is going to define this— ticularly important in a free society, which it is going to be allowed, at least let’s which was point one I was raising at depends upon citizens to govern their private have the people involved in this discus- the outset—somebody is going to de- lives and rear their children responsibly, so sion and not have it done by the courts, fine this and I believe it should be leg- as to limit the scope, size, and power of the which is where we are headed right islative bodies and the people. State. now. This is going to be done by the No. 2, this is about the institution of It is families that buttress the State courts. marriage and how you raise the next and also limit the scope, size, and I want to put another chart up to generation. That is something I think power of the State. show that particular point about how we need to cover in some depth. We had The Nation’s retreat from marriage has many courts are taking up this issue of a great debate here on this floor about been particularly consequential for our soci- marriage. Here you see in all the immigration the 2 weeks prior to going ety’s most vulnerable communities: Minori- States and all these States’ legisla- on break and it was a great debate. Im- ties and the poor pay a disproportionately tures they are saying marriage is the heavy price when marriage declines in their migration is an important policy issue communities. Marriage also offers men and union of a man and a woman. In 45 of in this country and it is facing us now. women as spouses a good they can have in no 50 States, marriage is defined as the We have a huge problem. The system is other way: a mutual and complete giving of union of a man and a woman. What has not working. We had a great debate. the self. Thus, marriage understood as the happened in the legal framework? We We need to have a great debate about enduring union of husband and wife is both a have seen this in other areas in this marriage, about this fundamental in- good in itself and also advances the public country where the people speak and stitution, because we need to think and interest. We affirm the following ten principles— then the activists—a small group—take look and see where this institution is this matter and say we are not going to going. It is in a great deal of difficulty. This is this Princeton group of schol- go through the legislative body and I want to cover this, particularly ars. work with the people and try to change from the context of a group which has That summarize the value of marriage—a the hearts and minds of the people. We just issued a paper on it. There is an choice that most people want to make, and that society should endorse and support. are going to go through the courts. important group of prestigious Amer- So what is happening in the courts on ican academics from top universities They then list these 10 principles of this? Nine States face lawsuits chal- who have just released what I think is marriage and the public good. lenging traditional marriage laws— a groundbreaking statement of prin- Marriage is a personal union, intended for nine States. In four of those nine the whole of life, of husband and wife. ciples to guide the public debate on the Marriage is a profound human good, ele- States, judges have already followed marriage issue, and we have needed a vating and perfecting our social and sexual Massachusetts and found a right of debate about marriage because the per- nature. same-sex marriage in the State con- centage of people getting married has Ordinarily, both men and women who stitutions—four of those nine, already. fallen, the number of divorces has risen marry are better off as a result. In April of 2005—and there were a num- greatly, and approximately half of our Marriage protects and promotes the well- being of children. ber of my colleagues on the other side children under the age of 18 will spend Marriage sustains civil society and pro- of the aisle the last time this came up a significant portion of their childhood motes the common good. 2 years ago who said, Well, when the in a single parent household. We have Marriage is a wealth-creating institution, courts start ruling against this, when welfare policies in this country that increasing human and social capital. the Federal courts start ruling against penalize people for getting married. It When marriage weakens, the equality gap this, then I will look at the need for a is bad policy. And now the lowest in- widens, as children suffer from the disadvan- constitutional amendment at the Fed- tages of growing up in homes without com- come individuals in the United States mitted mothers and fathers. eral level. All right, we got it, unfortu- are the least likely to get married. So A functioning marriage culture serves to nately. I wish we didn’t. But in April of I guess you could say that policy has protect political liberty and foster limited 2005, a Federal court in the district of worked. It is a horrific idea. Reagan government. Nebraska held that the State’s amend- probably had this right when he said, The laws that govern marriage matter sig- ment, which was approved by 70 per- nificantly. ‘‘If you want more of something, sub- And No. 10, ‘‘civil marriage’’ and ‘‘religious cent of Nebraskans—70 percent, which sidize it; if you want less of something, marriage’’ cannot be rigidly or completely is about the same number that support tax it.’’ We have subsidized the situa- divorced from one another. Nebraska football; it is higher, I sup- tion of not getting married if you are They go on to say: pose, than that—but 70 percent of Ne- in a low-income strata, and that is in- Creating a marriage culture is not the job braska voters voted for that constitu- deed what has happened in this coun- for government. Families, religious commu- tional amendment defining marriage as try. nities, and civic institutions, along with in- the union of a man and a woman, and This group of academics has just tellectual, moral, religious, and artistic the Federal court struck it down and issued from Princeton ‘‘Ten Principles leaders, point the way. But law and public said it was unconstitutional. This is a on Marriage and the Public Good.’’ It is policy will either reinforce and support these Federal court saying that a State mar- produced by top scholars in history, ec- goals or undermine them. We call upon our riage law in the State’s Constitution, onomics, psychiatry, law, sociology nation’s leaders, and our fellow citizens, to that went to the people, supported by and philosophy, and presents research support public policies that strengthen mar- riage as a social institution, including: 70 percent of the people by a vote, is on why the defense of marriage is in Protect the public understanding of mar- unconstitutional. All right. Now we the public interest. Now, remember, riage as the union of one man and one have the Federal courts. And Federal what we are talking about is in the woman as husband and wife.

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5417 Investigate divorce law reforms. man and a woman bonded together for Mr. President, I ask unanimous con- End marriage penalties for low-income life. It is where we raise our families, sent to have printed in the RECORD an families. where we raise the next generation and Protect and expand pro-child and pro-fam- article that I think is a very inter- ily provisions in our Tax Code. bring them up; that is a foundational esting and important one done by Protect the interests of children from the structure. Now we are redefining that Maggie Gallagher that looks at the loss fertility industry. and saying, Well, it doesn’t need to be of religious freedom when you redefine I ask that this important statement a man and a woman. That is a cultural marriage. of principles from top American schol- shift, and cultural shifts take years to The PRESIDING OFFICER. Without ars be considered carefully by my col- show up, but they will show up, and objection, it is so ordered. leagues. I hope it will help guide our they have enormous impact. There being no objection, the mate- debate on this issue. We have seen small changes taking rial was ordered to be printed in the place already in places like Massachu- I want to talk a bit about that in the RECORD, as follows: setts. State marriage licenses now con- sense that we are having a profound [From the Weekly Standard, May 15, 2006] impact on society and we have had this tain places for ‘‘Partner A’’ and ‘‘Part- shift in the importance and status of ner B,’’ rather than husband and wife. BANNED IN BOSTON—THE COMING CONFLICT Perhaps soon the terms ‘‘husband’’ and BETWEEN SAME-SEX MARRIAGE AND RELI- marriage that has happened during one GIOUS LIBERTY generation—basically my generation. ‘‘wife’’ will be eradicated, and as for We had a very strong marriage culture the terms ‘‘mother’’ and ‘‘father’’ one (By Maggie Gallagher) going into the 1960s, with very low di- can only imagine what will happen to Catholic Charities of Boston made the an- vorce rates in the United States. There the definitions of those institutions. nouncement on March 10: It was getting out Those cultural signals are not going of the adoption business. ‘‘We have encoun- were undoubtedly situations that peo- tered a dilemma we cannot resolve. . . . The ple married into that were bad, that to strengthen the American family. This issue has been thoroughly dis- issue is adoption to same-sex couples.’’ were abusive prior to that period of It was shocking news. Catholic Charities of time, and there certainly are today as cussed and debated. I want to complete this point—and I will have more charts Boston, one of the nation’s oldest adoption well. But I don’t think anybody could agencies, had long specialized in finding good argue that today we have too many sit- to show on this—of what takes place homes for hard to place kids. ‘‘Catholic uations where too many children are in over a period of two to three decades Charities was always at the top of the list,’’ too weak of a household structure, when you redefine an institution like Paula Wisnewski, director of adoption for marriage. In fact, I want to show, and the Home for the Home for Little Wanderers, lacking the concentration of adults in actually I believe we have a chart on told the Boston Globe. ‘‘It’s a shame, be- their lives, that this fundamental that today, and I am going to pull that cause it is certainly going to mean that breakdown of the family has allowed in up here a little bit later on to show fewer children from foster care are going to many cases to happen. And then you what has happened in other countries find permanent homes.’’ Marylou Sudders, have that huge, enormous impact on president of the Massachusetts Society for when they have redefined the institu- that next generation of children. the Prevention of Cruelty to Children, said That is why this group of intellec- tion, if we can find that chart. I want simply, ‘‘This is a tragedy for kids.’’ tuals has come together and said, to come back to that. How did this tragedy happen? Before I get to that, though, I want Look, for the future of society, for the It’s a complicated story. Massachusetts to point out how much we have dis- future of our culture, we need a strong law prohibited ‘‘orientation discrimination’’ cussed this issue. Some may suggest, marriage institution. Don’t weaken it over a decade ago. Then in November 2003, Well, we are rushing this to the floor. the Massachusetts Supreme Judicial Court and don’t redefine it away from what it I can’t believe they would, but some ordered gay marriage. The majority ruled is and harm it further. might say, Well, it is just being rushed that only animus against gay people could I want to talk briefly about the ef- to the floor and we really don’t under- explain why anyone would want to treat op- fects on Massachusetts and the effect stand the ramifications of this par- posite-sex and same-sex couples differently. the change of laws in Massachusetts That same year, partly in response to grow- ticular constitutional amendment, and has had on this particular marriage de- ing pressure for gay marriage and adoption argue from that perspective. I want to bate. In terms of the societal effects of both here and in Europe, a Vatican state- point out that we have had nine hear- regularizing same-sex unions, some ment made clear that placing children with ings on this subject from 2003, 2004, and same-sex couples violates Catholic teaching. have pointed out that the legalizing of 2005. We have held hearings with dozens Then in October 2005, the Boston Globe same-sex unions in some States—and of experts on this topic. We have held broke the news: Boston Catholic Charities this has happened in Massachusetts hearings about the impact of changing had placed a small number of children with and in Vermont—has not destroyed the the definition of marriage. We have same-sex couples. Sean Cardinal O’Malley, society of those States. So they are held hearings with legal experts and who has authority over Catholic Charities of Boston, responded by stating that the agency taking the counterargument on this scholars of what does this two-sentence and saying, What is the problem here? would no longer do so. constitutional amendment mean. We Seven members of the Boston Catholic Why not just define it any way you have held hearings from lots of dif- want to and if people of the same gen- Charities board (about one-sixth of the mem- ferent angles on this. bership) resigned in protest. Joe Solmonese, der want to get married, that is fine, One thing has certainly become clear president of the Human Rights Campaign, and it is not going to hurt my mar- in these hearings: Traditional marriage which lobbies for lesbian, gay, bisexual, and riage. That is the way the debate will promotes stability in society and gov- transgender equal rights, issued a thun- come up. I am not arguing that short- ernment has a vital interest in encour- dering denunciation of the Catholic hier- term changes like this will have de- aging and providing the conditions to archy: ‘‘These bishops are putting an ugly tectable effects immediately where you maintain as many traditional mar- political agenda before the needs of very vul- nerable children. Every one of the nation’s can say, OK, you are going to define it riages as possible. one way this year and the next year leading children’s welfare groups agrees that Once the process of redefining mar- a parent’s sexual orientation is irrelevant to you are going to see the number of het- riage begins, it is but a short step to his or her ability to raise a child. What these erosexual unions decline, and you are the dissolution of marriage as an insti- bishops are doing is shameful, wrong, and going to see major impacts on the mar- tution all together. I don’t think that has nothing to do whatsoever with faith.’’ riage institution. It can take and does is the way we want to go, and it is cer- But getting square with the church didn’t take years for the full effects of a tainly not the way we want to go for end Catholic Charities’ woes. To operate in change like this to show up because, our children. Massachusetts, an adoption agency must be remember, what you are doing is you There is also a point about when you licensed by the state. And to get a license, are sewing into the culture, you are redefine marriage, what takes place in an agency must pledge to obey state laws changing the culture. institutions that want to stay with a barring discrimination—including the dec- ade-old ban on orientation discrimination. When you redefine an institution like traditional definition of marriage. With the legalization of gay marriage in the marriage, you are changing the cul- There now is a growing body of thought state, discrimination against same-sex cou- ture. You are saying, OK, we have had that institutions will not be allowed to ples would be outlawed, too. a foundational institution in this cul- define marriage as the union of a man Cardinal O’Malley asked Governor Mitt ture: It is marriage. It is a union of a and a woman. Romney for a religious exemption from the

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5418 CONGRESSIONAL RECORD — SENATE June 5, 2006 ban on orientation. Governor Romney reluc- law, for instance, ‘‘we allow discrimination iel’s employment file after receiving nega- tantly responded that he lacked legal au- against people who sexually abuse children, tive publicity and the threat of a lawsuit thority to grant one unilaterally, by execu- and we don’t say ‘the only question is can from the Foundation for Individual Rights in tive order. So the governor and archbishop they type’ even if they can type really quick- Education (FIRE). turned to the state legislature, requesting a ly.’’ Sexual harassment law as an instrument conscience exemption that would allow To get to the point where the law prohibits for suppressing religious speech? A few days Catholic Charities to continue to help kids discrimination, Feldblum says, ‘‘there have after I interviewed Stern, an Alliance De- in a manner consistent with Catholic teach- to be two things: one, a majority of the soci- fense Fund press release dropped into my ing. ety believing the characteristic on which the mail box: ‘‘OSU Librarian Slapped with ‘Sex- To date, not a single other Massachusetts person is being discriminated against is not ual Harassment’ Charge for Recommending political leader appears willing to consider morally problematic, and, two, enough of a Conservative Books for Freshmen.’’ One of even the narrowest religious exemption. sense of outrage to push past the normal the books the Ohio State librarian (a pacifist Lieutenant Governor Kerry Healey, the Re- American contract-based approach, where Quaker who drives a horse and buggy to publican candidate for governor in this fall’s the government doesn’t tell you what you work) recommended was It Takes a Family election, refused to budge: ‘‘I believe that can do. There has to be enough outrage to by Senator Rick Santorum. Three professors any institution that wants to provide serv- bypass that basic default mode in America. alleged that the mere appearance of such a ices that are regulated by the state has to Unlike some of my compatriots in the gay book on a freshman reading list made them abide by the laws of the state,’’ Healey told rights movement, I think we advance the feel ‘‘unsafe.’’ The faculty voted to pursue the Boston Globe on March 2, ‘‘and our anti- cause of gay equality if we make clear there the sexual harassment allegation, and the discrimination laws are some of our most are moral assessments that underlie anti- process quickly resulted in the charge being important.’’ equality in this country.’’ Marc discrimination laws.’’ dropped. Stern is the general counsel for the center- But there was a second reason Feldblum In the end the investigation of the librar- left American Jewish Congress. Robin Wilson made time for this particular conference. ian was more of a nuisance—you might call of the University of Maryland law school is She was raised an Orthodox Jew. She wanted it harassment—than anything else. But the undecided on gay marriage. Jonathan Turley to demonstrate respect for religious people imbalance in terms of free speech remains of George Washington law school has sup- and their concerns, to show that the gay clear: People who favor gay rights face no ported legalizing not only gay marriage but community is not monolithic in this regard. penalty for speaking their views, but can in- also polygamy. ‘‘It seemed to me the height of disingen- flict a risk of litigation, investigation, and Reading through these and the other schol- uousness, absurdity, and indeed disrespect to formal and informal career penalties on oth- ars’ papers, I noticed an odd feature. Gen- tell someone it is okay to ‘be’ gay, but not ers whose views they dislike. Meanwhile, erally speaking the scholars most opposed to necessarily okay to engage in gay sex. What people who think gay marriage is wrong can- gay marriage were somewhat less likely than do they think being gay means?’’ she writes not know for sure where the line is now or others to foresee large conflicts—perhaps be- in her Becket paper. ‘‘I have the same reac- where it will be redrawn in the near future. cause they tended to find it ‘‘inconceivable,’’ tion to courts and legislatures that blithely ‘‘Soft’’ coercion produces no martyrs to dis- as Doug Kmiec of Pepperdine law school put assume a religious person can easily dis- turb anyone’s conscience, yet it is highly ef- it, that ‘‘a successful analogy will be drawn engage her religious belief and self-identity fective in chilling the speech of ordinary in the public mind between irrational, and from her religious practice and religious be- people. morally repugnant, racial discrimination havior. What do they think being religious Finally, I ask Stern the big question on ev- and the rational, and at least morally debat- means?’’ eryone’s mind. Religious groups that take To Feldblum the emerging conflicts be- able, differentiation of traditional and same- government funding will almost certainly be tween free exercise of religion and sexual lib- sex marriage.’’ That’s a key consideration. required to play by the nondiscrimination erty are real: ‘‘What we pass a law that says For if orientation is like race, then people rules, but what about groups that, while re- you may not discriminate on the basis of who oppose gay marriage will be treated ceiving no government grants, are tax-ex- sexual orientation, we are burdening those under law like bigots who opposed inter- empt? Can a group—a church or religious who have an alternative moral assessment of racial marriage. Sure, we don’t arrest people charity, say—that opposes gay marriage gay men and lesbians.’’ Most of the time, the for being racists, but the law does intervene keep its tax exemption if gay marriage be- need to protect the dignity of gay people will in powerful ways to punish and discourage comes the law? ‘‘That,’’ says Stern, ‘‘is the justify burdening religious belief, she argues. racial discrimination, not only by govern- 18 trillion dollar question.’’ But that does not make it right to pretend ment but also by private entities. Doug Twenty years ago it would have been in- these burdens do not exist in the first place, Laycock, a religious liberty expert at the conceivable that a Christian or Jewish orga- or that the religious people the law is bur- University of Texas law school, similarly nization that opposed gay marriage might be told me we are a ‘‘long way’’ from equating dening don’t matter. ‘‘You have to stop, think, and justify the treated as racist in the public square. Today? orientation with race in the law. It’s just not clear. By contrast, the scholars who favor gay burden each time,’’ says Feldblum. She pauses. ‘‘Respect doesn’t mean that the reli- ‘‘In Massachusetts I’d be very worried,’’ marriage found it relatively easy to foresee Stern says finally. The churches themselves looming legal pressures on faith-based orga- gious person should prevail in the right to discriminate—it just means demonstrating a might have a First Amendment defense if a nizations opposed to gay marriage, perhaps state government or state courts tried to because many of these scholars live in social respectful awareness of the religious posi- tion.’’ withdraw their exemption, he says, but ‘‘the and intellectual circles where the shift parachurch institutions are very much at Kmiec regards as inconceivable has already Feldblum believes this sincerely and with passion, and clearly (as she reminds me) risk and may be put out of business because happened. They have less trouble imagining of the licensing issues, or for these other rea- that people and groups who oppose gay mar- against the vast majority of opinion of her own community. And yet when push comes sons—it’s very unclear. None of us nonprofits riage will soon be treated by society and the can function without [state] tax exemption. law the way we treat racists because that’s to shove, when religious liberty and sexual liberty conflict, she admits, ‘‘I’m having a As a practical matter, any large charity pretty close to the world in which they live needs that real estate tax exemption.’’ now. hard time coming up with any case in which religious liberty should win.’’ He blames religious conservatives for THE (GAY) PUBLIC INTELLECTUAL She pauses over cases like the one at Tufts adopting the wrong political strategy on gay Of all the scholars who attended, perhaps University, issues. ‘‘Live and let live,’’ he tells me, is the the most surprising is Chai Feldblum. She is Interestingly, Stern points out, a single only thing around the world that works. But a Georgetown law professor who is highly ‘‘derogatory or demeaning’’ remark not I ask him point blank what he would say to sought after on civil rights issues, especially seeking sexual gratification or threatening a people who dismiss the threat to free exer- gay civil rights. She has drafted many fed- person’s job security does not constitute har- cise of religion as evangelical hysteria. ‘‘It’s eral bills to prohibit orientation discrimina- assment under ordinary federal and state not hysteria, this is very real,’’ he tells me, tion and innumerable amicus briefs in con- sexual harassment law originally intended to ‘‘Boston Catholic Charities shows that.’’ stitutional cases seeking equality for gay protect women in the workplace. Moreover, Fundamentally, Stern sees this as a ‘‘reli- people. I ask her why she decided to make Stern says, ‘‘our entire free speech regime gious war’’ between people for whom an egal- time for a conference on the impact of same- depends on the principle that no adult has a itarian secular ethic is the only rational op- sex marriage on religious liberty. right to expect the law will protect him from tion and people who can make room for an ‘‘Not because I was caught up in the being exposed to disagreeable speech.’’ ethic based on faith in a God who commands. panic,’’ she laughs. She’d been thinking Except, apparently in New Jersey, where a There are very few signs of a willingness to through the moral implications of non- state attorney general’s opinion concluded, compromise on either side, he notes. discrimination rules in the law, a lonely un- ‘‘[C]learly speech which violates a non- ‘‘You look around the world and even the dertaking for a gay rights advocate. ‘‘Gay discrimination policy is not protected.’’ right to preach is in doubt,’’ he tells me. ‘‘In rights supporters often try to present these ‘‘This was so ‘clear’ to the writer,’’ notes the United States we are not foreseeably in laws as purely neutral and having no moral Stern, ‘‘that she cited not a single case or that position. Fundamentally speech is still implications. But not all discrimination is law review article in support.’’ Ultimately, safe in the United States. Beyond speech, bad,’’ Feldblum points out. In employment the school withdrew its reprimand from Dan- nothing is safe.’’

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5419 THE HEALTH CARE LAW EXPERT sequences, including the loss of tax-exempt union adoptions and to provide those Robin Wilson is an expert in both family status. Because marriage is not a private services. They said they disagree with law and health care law. So when Anthony act, but a protected public status, the legal- this as a matter of their religious te- Picarello approached her about thinking ization of gay marriage sends a strong signal nets. So now they are no longer able to through the impact gay marriage may have that orientation is now on a par with race in the nondiscrimination game. And when we do adoptions in Massachusetts. on religious institutions, she had a ready What happened to their religious model at hand: the struggles over conscience get gay marriage because courts have de- exemptions in the health care field after Roe clared it a constitutional right, the signal is freedom? That will be the same sort of v. Wade elevated abortion to a constitutional stronger still. path this will take. People will lose re- right. The method and the mechanism for achiev- ligious freedom if they hold a different Wilson predicts ‘‘a concerted effort to take ing protected status may be different for ori- view. If they say: We believe marriage same-sex marriage from a negative right to entation and for race. Even the Massachu- is a union of a man and a woman, it is setts supreme court, for example, declined to be free of state interference to a positive en- a basic tenet of our faith—which it is titlement to assistance by others. Although rule explicitly that orientation is a pro- tected class, subject to strict scrutiny. But for many people and many faiths; this Roe and Griswold established only the right is a basic tenet, that marriage is a to noninterference by the state in a woman’s in Massachusetts, the end result may be abortion and contraceptive decisions, family similar. If state courts declare gay marriage union of a man and a woman—now you planning advocates have worked strenuously a constitutional right, they are likely to see are going to find that somehow dis- to force individual institutions to provide support for gay marriage as state public pol- criminatory? Bigotry? They are going controversial services, and to force indi- icy. to be sued if they only recognize mar- vidual health care providers to participate in On the cultural level, the declaration by a riage as a union of a man and a woman. court that only animus explains why anyone them.’’ I hope my colleagues who want to ‘‘This litigation after Roe,’’ she says, ‘‘pro- would treat two men differently from a hus- band and wife represents an unfolding civil vote against this start to think about vides a convincing prediction about the tra- that because this is the trajectory jectory that litigation forced to marry same rights logic that has real consequences. As sex couples. What about the other potential Boston Globe columnist Ellen Goodman put many of these things have taken when conflicts? Are they real? ‘‘There are already it, ‘‘But if you give one church permission to they get on this track. tensions,’’ he tells me. ‘‘I think there is a discriminate against gays, what’s next? Per- I promised my colleagues I would kind of collision course here that is inevi- mission to discriminate against blacks/or show what happened in other countries table.’’ Jews who want to adopt?’’ when they took on the issue of rede- For a man in the conciliation business, END GAME fining marriage. We have other coun- Hayes doesn’t sound optimistic. ‘‘I think On April 15, the Boston Globe ran a story tries that have done this. The point I it’s’’ a serious question that will grow more about three other Catholic adoption agen- want to make is marriage is a funda- difficult. I think we will have more and more cies, in Worcester, Fall River, and Spring- tension between efforts by the state to pro- field, that do not do gay adoptions. The story mental institution. We need to support tect gay rights and the need to protect reli- noted that, for now, these agencies will not it and grow it. If you redefine mar- gious freedom. This will have an impact on be punished for their refusal. Constantia riage, this is not the way to support religious individuals as well as perhaps reli- Papanikolaou, general counsel for the state and grow marriage. This is not the way gious organizations in areas such as housing; Department of Early Education and Care, to support and grow marriage. the workplace, hiring.’’ said her agency is holding off taking any ac- Some will say there will just be more I ask him whether his concerns are shared tion because the governor has proposed legis- marriages that will take place. That is by the wide spectrum of religious and civil lation that would provide a religious exemp- not the experience in other countries, rights groups he deals with. ‘‘Everyone’s tion for adoption agencies. ‘‘We’re going to particularly in northern Europe. They talking about it, thinking about it,’’ Haynes wait and see how the legislation plays out:,’’ tells, me. ‘‘There are a lot of different ideas Papanikolaou said. have redefined marriage, and it has not about where we are going to end up, but ev- The reprieve is likely to be short-lived. Ob- happened that way. You get fewer mar- eryone thinks it is the battle of our times.’’ servers, universally say the religious exemp- riages and you get more children born THE MARRIAGE LINE tion has no chance of passage, and in a few out of wedlock. If you say, OK, we get How much of the coming threat to reli- months, Mitt Romney will no longer be gov- more children born out of wedlock, the gious liberty actually stems from same sex ernor. What then? The Boston Globe story problem is you put children in a less marriage? These experts’ comments make provides a clue: ‘‘Gary Buseck, legal director than optimal environment. This goes of the Gay & Lesbian Advocates & Defenders clear that it is not only gay marriage, but against the Moynihan principle: You also the set of ideas that leads to gay mar- in Boston, said his group realizes that Mas- sachusetts will have a new governor next should always look at what you do to riage—the insistence on one specific vision the next generation, and you should be of gay rights—that has placed church and year, and it expects that he or she will ag- state on a collision course. Once sexual ori- gressively enforce the state’s antidiscrimina- as supportive as you can to the next entation is conceptualized as a protected sta- tion laws.’’ generation. Marc Stern is looking more and more like tus on a par with race, traditional religions This chart shows, for the Nether- a reluctant prophet: ‘‘It’s going to be a train that condemn homosexual conduct will face lands, out-of-wedlock births and the wreck,’’ he told me in the offices of the increasing legal pressures regardless of what campaign for same-sex marriage in the American Jewish Congress high above Man- courts and Congress do about marriage hattan. ‘‘A very’ dangerous train wreck. I Netherlands. The Netherlands is a par- itself. don’t see anyone trying to stem the train ticularly interesting case because they Nevertheless, marriage is a particularly wreck, or slow down the trains. Both sides had a very stable marital environment potent legal ‘‘bright line.’’ Support for mar- are really looking for Armageddon, and they for a long period of time. In all of Eu- riage is firmly established in our legal tradi- frankly both want to win. I prefer to avoid tion and in our public policy. After it became rope, it was one of the most stable Armageddon, if possible.’’ apparent, that no religious exemption would marital environments in which chil- be available for Catholic Charities in Massa- Mr. BROWNBACK. Mr. President, the dren were born in wedlock, up until a chusetts, the church looked hard for legal reason I want to have that printed in very recent period of time. Up until avenues to continue helping kids without the RECORD is for people to be able to 1980 you still have less than 5 percent violating Catholic principles. If the stum- see there is another side to this. When of children born out of wedlock. One of bling block bad been Catholic Charities’ un- you redefine marriage and say it can the lowest rates in all of Europe was in willingness to place children with single peo- now be between two people of the same the Netherlands. Then, when they ple—or with gay singles—marriage might have provided a legal ‘‘safe harbor’’: Catholic gender, what happens when an institu- started to have this debate on same-sex Charities might have been able to specialize tion says that we do not agree with marriage, a lot of things changed in in placing children with married couples and that? Let’s say a particular church the Netherlands, the same way as hap- thus avoid collision with state laws banning says we do not agree with that; we be- pens here. orientation discrimination. After Goodridge, lieve that marriage is a union of a man It goes in the court system. A small however, ‘‘marriage’’ includes gay marriage, and a woman. They can then actually group of activists go in the court sys- so no such haven would have been available be at risk legally in their state for hav- tem and say: We can’t change the over- in Massachusetts. ing that definition and that will be all body politic, but we will go into the Precisely because support for marriage is public policy, once marriage includes gay seen as discriminatory, to the point courts and we will use the courts to couples, groups who oppose gay marriage are you saw Catholic Charities doing adop- change society that way. So we will get likely to be judged in violation of public pol- tions in Boston having to leave because at them through the courts, the same icy, triggering a host of negative con- they were forced to recognize same-sex play as happening here.

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5420 CONGRESSIONAL RECORD — SENATE June 5, 2006 In 1980 we have 5 percent of the total were born out of wedlock. Is that the tution of marriage. I believe I am say- births out of wedlock. Then the first trajectory we want to go on? Is that ing some of the things my grand- court cases start hitting in the late where we want this society to go? Is parents would say: Well, of course that 1980s and you are at or around a little that the sort of country we want to is true, this kind of basic thought or above 10 percent, the first court cases have in the future? Is that where we idea that you get in a society. But I hitting on same-sex unions. are willing to go? think there are things that need to be You can just see that pattern sky- I think people are going to argue a reiterated. rocket, the percentage of total births whole bunch of different ideas. There is Now we have social data in the of children born out of wedlock from going to be a lot of blustering about United States to say what happens when you start redefining. You are this, but the basic question is pretty when you walk away from a funda- speaking this into the culture and say- simple. Do you believe and do you sup- mental institution, and one like mar- ing to the culture: Marriage isn’t only port that marriage is a union of a man riage, that it has as much trouble as it the marriage of a man and a woman, it and a woman? Do you think that is the has. can be two men, two women, whatever foundation of society or not? People I want to point to the number of chil- we want to define it to be. We need to are going to yell and scream a lot of dren born out of wedlock in the United do this. It is something that is dis- things about some form of bigotry, or States and where we have been going criminatory otherwise. that this is being done for political with this data. In the 1930s, 4 percent; You can just see that thing take off, purposes, Or this or that, or they are 1950s up to 5.3 percent, now up to 34.6 the number of children born out of going to try to say: It doesn’t hurt my percent. wedlock. marriage. I am just saying we have We have roughly a third of the chil- Again, if you say: That is just a con- basic social data on this vast social ex- dren in the United States born to sin- sequence of it, I guess that is the way periment of redefining marriage. We gle moms. It is not that you cannot it is, the problem is, that is not the know where it heads. have a good child-rearing situation way it was, nor is it the way it needs to I think if any of us really search in there, but, as we will show later on, it be, nor is it the way it should be for our own hearts we are pretty com- just gets much more difficult to raise our children in the next generation. We fortable that if you redefine this insti- that child. It is important that child be should be strongly concerned about tution you are unlikely to get more of raised between a loving couple. how that next generation is raised and it. You are more likely to get less of it. I want to show the next chart, if we the nurturing environment they are I hope people will ask the next ques- could, on this particular point. Devel- raised in. Recognizing people are going tion. Is this the best place to raise the opmental problems are less common in to have trouble in marriages—they are, next generation? Is this the best mes- two-parent families. This is something but we still don’t want to take that op- sage to send on how to raise that next I want to share. It is the sort of thing timal design away. We want to encour- generation? I ask people to ask their my parents would be looking at and age that optimal design. We know that own hearts—look at the data. We have saying: Of course, we know that is the is the place where it works the best. case. But now we have the social data I want to show a chart to make a the data on it, but ask in their own on it. You have single-parent families couple of points. Ever since proposals hearts because this is a big, deep, seri- in the green, you have two-parent fam- for same-sex marriage began to be de- ous one. This is an important one. I respect my colleagues who have a ilies in red. You see the lower half of bated, the out-of-wedlock birth rate in the Netherlands has soared. Same-sex different position. I respect people in class academically—it is twice as like- marriage has increased the culture sep- the United States who have a different ly to be in that single-parent house- aration of marriage from parenthood in position on this particular issue. There hold; developmental delays, 10 percent the Netherlands. are good people on all sides of this more likely; emotional or behavior Scandinavia is the area in the world issue. But the data is what it is. Peo- problems, more than twice as likely to that has the longest track record of ple, if they just ask in their own have problems in that particular cat- same-sex unions. They have embraced hearts, they know the right answer to egory as well, in that single-parent it for the longest period of time. These this particular topic, as tough as it household. are the countries, then, where we have might be. But this is an important one. I want to show the next chart and the most developed data. This is the It will be defined by us or by the show this: Nearly 80 percent of all chil- law being used to change the culture. courts. dren suffering long-term poverty come I think I am paraphrasing Senator I will have additional information to from broken or never-married families. Moynihan—he was a great cultural present at a later date, but I suggest I will cover this in more detail tomor- commentator—a comment he made in the absence of a quorum. row because this is a product—par- one of his books. He wrote that the The PRESIDING OFFICER. The tially, if not a majority product—of central conservative truth is that cul- clerk will call the roll. government policies on welfare. ture is more important than govern- The assistant legislative clerk called That penalizes people for getting ment. In other words, what your cul- the roll. married if they are in the welfare sys- ture says it honors and dishonors is Mr. BROWNBACK. Mr. President, I tem. more important than government. ask unanimous consent the order for As you can see, nearly 80 percent of That was central conservative truth. the quorum call be rescinded. children suffering long-term poverty The central liberal truth is, you can The PRESIDING OFFICER. Without come from broken and never-married use laws to change culture. Here you objection, it is so ordered. families. One of the two best ways see the effort to use a law to change Mr. BROWNBACK. Mr. President, I known out of poverty in the United culture taking place. The system of understand some of my other col- States is to get a job and get married. marriage like same-sex registration leagues will be coming to the floor. I I will develop that thought more to- partners established in the late 1980s urge them to get to the floor to make morrow. We are actual trying some in- has contributed significantly to the on- statements. Tomorrow there will be novative experiments here in Wash- going decline of marriage in this re- more individuals coming in. It will ington, DC, on what can be done and gion. The rates for both first and sec- probably get crowded. So if people should be done to remove the marriage ond and later births to cohabiting cou- want to make an opening statement, penalty from our welfare policies and ples have risen substantially. Instead this will be an excellent time to do it. programs. of arguing that same-sex marriage en- While we are waiting for individuals I see my colleague from Texas has courages marriage among heterosexual to come to the floor, I want to share joined us. I yield the floor. parents, it is used as evidence that some of the information we put to- The PRESIDING OFFICER (Mr. marriage is outdated. Where gay mar- gether on this institution of marriage CHAMBLISS). The Senator from Texas is riage finds acceptance, marriage has so we can use the time profitably while recognized. virtually ceased to exist in some areas. we have this debate on the floor. Mr. CORNYN. Mr. President, I appre- We have a chart where 80 percent of I want to talk about the issue of ciate the Senator from Kansas giving the first-born children, as I mentioned, what happens to children in this insti- me a chance to speak on the marriage

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5421 amendment. I know there is no one serving of the ultimate legal protec- nedy, writing for the majority, created who cares more deeply or who has tion. a new constitutional right, which fought harder on this cause than the The institution of marriage, notwith- raised the specter of legal challenges to Senator from Kansas. I am glad to join standing some of the comments of traditional marriage laws. That new him on the Senate floor. some, I believe is one of those funda- constitutional right created in that de- It has been kind of interesting to mental principles deserving the ulti- cision was one that said you are free in hear some of the comments that have mate legal protection. It is arguably one’s intimate sexual and personal re- been made by the majority leader’s the fundamental building block of our lationships such that the Constitution stated intent to go to the marriage society. Throughout human history, now prohibits any sort of restriction by amendment again this week and the traditional marriage between a woman legislation or official policy on those kind of comments that some have and a man has been viewed as the ideal. intimate relationships between adults. made about that decision. One of our It is the ideal environment in which to At the time, Justice Scalia rightly colleagues on the other side of the aisle raise children. It is the ideal environ- noted that the opinion ‘‘leaves on pret- was on one of the Sunday morning ment in which to promote families, the ty shaky grounds State laws limiting interview shows, ‘‘Meet the Press,’’ most important institution in our soci- marriage to opposite-sex couples.’’ where he said: ety. And, in my view, it should be pro- Within months of that decision, the You know, I think about this—the world is tected and preserved. Federal constitutional decision in Law- going to Hades in a hand basket. We are des- I am not the only one who feels that rence v. Texas was used by the Massa- perately concerned about the circumstance way. The Federal Defense of Marriage chusetts Supreme Court as the basis to relating to avian flu. We don’t have enough Act, which defined marriage as be- interpret its State constitution to re- vaccines, we don’t have enough police offi- tween a man and a woman that the quire same-sex marriage, writing that cers, and we’re going to debate for the next Senator mentioned in the Sunday ‘‘no amount of tinkering with language 3 weeks, I am told, gay marriage, a flag amendment, and God knows what else. I morning talk show, passed the U.S. will eradicate the stain of traditional can’t believe the American people can’t see Senate by a vote of 85 to 14 in 1996, ob- marriage.’’ through this. We already have a law, the De- viously indicating that this is not a This almost seems surreal to me. The fense of Marriage Act. We have all voted— partisan issue. It is not a sort of vocal last thing I thought I would end up not where I voted and others voted. Look, minority that is saying this is some- doing coming to Washington and to the marriage is between a man and a woman, thing we need to do. It got over- Senate is that I would be standing here and States must respect that. Nobody has whelming support in 1996. on the Senate floor having to defend violated that law. There has been no chal- Moreover, legislators in 45 of 50 the institution of traditional marriage. lenge to the law. Why do we need a Constitu- tional amendment? Marriage is between a States have adopted State legislation I thought some things were a given and man and a woman. What is the game going generally known as defense of marriage there would be other issues that we on here? acts. In recent years, the American would be arguing about and fighting First of all, I would suggest to my people across the Nation have gone to about and debating about—the great colleague who made those statements the polls to support State constitu- issues of the day. But we are here be- this last Sunday that protection of tra- tional amendments designed to protect cause of the provocation of not only ditional marriage is important. This is marriage and have done so with over- overly broad decisions made by the not an issue which we have raised gra- whelming numbers. Voters in my State U.S. Supreme Court but essentially tuitously or out of thin air. This is a adopted a constitutional amendment in State courts now finding the license in fight which really has been brought to 2004 with 76 percent support. In fact, in other courts to say that traditional the American people by those who the 19 States that have considered marriage laws are somehow unlawful would seek to use the courts to ad- State constitutional amendments, all discrimination. vance their agenda to call marriage be- have passed, and with an average sup- It is also important to note why this tween one man and one woman some port of 71.5 percent. This year, seven should be handled at the Federal level. form of discrimination or violation of more States will consider constitu- I already mentioned that State vot- their civil rights. tional amendments preserving tradi- ers, when given an opportunity, had So this is not an issue which we have tional marriage. readily passed State constitutional taken up without provocation or with- You might legitimately ask, given amendments, or Texas legislators, as in out cause but one which I believe is a all of this activity at the State level, my State, readily would pass a statute. legitimate and important response to why is there a need for a Federal con- But we all know that under our Fed- the challenges we have seen in the stitutional amendment? Indeed, even eral scheme of government, State laws, courts across our country, including with the Federal Government passing including State constitutional provi- most famously in Massachusetts but the Defense of Marriage Act in 1996, sions, cannot withstand a decision by a elsewhere in addition. why do we need the added protection? Federal court, that the U.S. Constitu- Just to correct the misimpression of The fact is, despite the overwhelming tion will not allow those State provi- my colleague whose statements I just will of the American people, tradi- sions, either of statute or constitution, quoted, there are challenges to the tional marriage has been undermined to stand if indeed it is found to be in Federal Defense of Marriage Act pend- by activist judges and continues to face violation of the United States Con- ing in a Federal district court in both challenge after challenge after chal- stitution. That is the very real threat Oklahoma and Washington. lenge in State and Federal courts here which has already been realized in It is simply wrong to suggest that we throughout the Nation. Nebraska’s Federal court and which are introducing this issue without It is important to look back at what now is pending in at least two other provocation or without cause, and it is first signaled that traditional marriage courts. simply erroneous to say there have was in jeopardy in the courts. It goes In the 108th Congress, as chairman of been no developments in the courts back to the decision of the U.S. Su- the Subcommittee on the Constitution, across our land that cause good people preme Court, Lawrence v. Texas. The Civil Rights and Property Rights, I of good faith some legitimate concern most remarkable thing about that de- chaired three hearings on the subject about what the future of our marriage cision is not the result but how the of marriage. These included a hearing laws might be. Court came to the result it reached. focusing on the statutes of the bipar- Tomorrow, we will vote on an amend- There is the case that struck down the tisan Defense of Marriage Act, which I ment to the Constitution that would antisodomy laws in Texas law. mentioned a moment ago; another define marriage as the union of one Indeed, it was widely anticipated studied whether an amendment to the man and one woman. Constitutional that the Court would overrule the deci- Constitution was necessary at all; and amendments should obviously not be sion in Bowers v. Hardwick, which a third that addressed the specific brought for light or insignificant rea- upheld the antisodomy law in Georgia. amendment language that had been in- sons but, rather, to preserve some of But in this case, the Court not only troduced in the Senate and which is the most fundamental principles of our struck down this antisodomy law on now the subject of the pending resolu- way of life—and those principles de- equal protection basis—Justice Ken- tion. Through that process, we learned

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5422 CONGRESSIONAL RECORD — SENATE June 5, 2006 time and time again from legal experts marriage laws to be unconstitutional. portant one to look at, the issue of re- across the political spectrum that the As I mentioned a moment ago, a Ne- ligious freedom that develops from re- only way for Congress to permanently braska judge has struck down a State defining marriage. I have entered into protect and preserve marriage against constitutional amendment on the same the RECORD already an article by judicial activism is through an amend- basis, claiming that somehow, after Maggie Gallagher catching quite a bit ment to the U.S. Constitution. more than 200 years of our Constitu- of interest because it is of particular I think it is also important for people tion’s existence, during which time we concern. I will develop this more fully. to understand, even when Congress all assumed traditional marriage laws It is becoming increasingly apparent passes by the appropriate supermajori- were sacrosanct, that somehow all of a that same-sex marriage poses a signifi- ties a resolution like this to amend the sudden these judges have divined that, cant threat to religious liberties. Constitution, that it also then has to no, the Founding Fathers really in- Scholars on both the left and the right go to the States, and three-quarters of tended to find that traditional mar- agree that same-sex marriage has the States have to ratify that resolu- riage laws were discriminatory and un- raised the specter of the massive and tion as well before it becomes a con- constitutional. It would be laughable if protracted battle over religious free- stitutional provision. it were not so serious. dom. Where courts impose the same- Some have said that this issue is not At the present time, nine States face sex marriage regime as a constitu- sufficiently important to justify an challenges of their traditional mar- tionally guaranteed right, a multitude amendment to the U.S. Constitution. riage laws. Some challenges are in of new religious liberty conflicts will But I would point out that the 27th State court, and some are based on inevitably arise at every point where amendment to the U.S. Constitution Federal constitutional claims. Even the law touches marriage and is ap- adopted in 1992 provides that ‘‘no com- others challenge the Defense of Mar- plied to individuals, businesses, non- pensation for Members of Congress riage Act. profits, and even churches and syna- shall take effect until an election of Last week, I read in the New York gogues. Unfortunately, and especially representatives shall have intervened.’’ Times that New York’s marriage laws in the era of Employment Division v. In other words, Congress can’t give are now before that State’s highest Smith, once a court has recognized the itself a pay raise without having to ac- court, as well. Numerous other law- right to same-sex marriage, religious tually stand for election during an in- suits have been filed and will continue organizations are unlikely to find tervening period of time. I would hum- to be filed across the Nation even as much relief in free exercise claims be- bly suggest that protecting the institu- voters take to the polls in support of cause of this decision of Employment tion of marriage is at least as impor- laws protecting marriage. Division v. Smith. tant as the pay provisions governing Tomorrow, the Senate faces an im- Same-sex marriage proponents argue Congress. portant and necessary question: Do we that sexual orientation is like race and People can decide for themselves believe that traditional marriage is im- that opponents of same-sex marriage where it matches up on the spectrum, portant enough to deserve full legal are, therefore, like bigots who oppose but it is at least as important as that. protection? In my view, the answer to interracial marriage. Once same-sex To suggest that somehow the Constitu- that simple question is a simple yes. marriage becomes law, that under- tion is so sacrosanct that we cannot Marriage must be protected by the standing is likely to become control- offer amendments to the Constitution Constitution, and the American people ling. is to deny government of the people, by should preserve their right to choose Legally, same-sex marriage will be the people, and for the people. This is for themselves how to define our soci- taken by courts as proof that a public our Constitution. It is the people’s pre- ety and not have invalidation of tradi- policy in support of same-sex marriage rogative to say whether we will amend tional marriage forced on them by ac- exists, so in States with same-sex mar- the Constitution, and if so, what goes tivist courts. riage, religiously affiliated schools, in that provision. This amendment language would pro- adoption agencies, psychological clin- We already know there are some vide that protection and that reassur- ics, social workers, marital counselors, judges who are using their interpretive ance. It would define marriage as the et cetera, will be forced to choose be- power under the Constitution to re- union of a man and a woman and would tween violating their own deeply held write it or to amend it under the guise protect the American people against beliefs and giving up government con- of interpretation. So the question is judicial activism and being forced to tracts, tax-exempt status, or being de- not whether it will be amended; the live in a country with laws that do not nied the right to operate at all. If a re- question is, Who will amend it? I be- reflect their will. I urge my colleagues ligious social service agency refuses to lieve we the people should reserve our to support this measure and to move offer counseling designed to preserve rights to determine the laws that gov- this important amendment to the Sen- the marriage of a same-sex marriage ern our society and that govern our ate for full consideration. couple, it could lose its tax-exempt sta- families. I yield the floor and suggest the ab- tus. Religious schools would either Through the hearing process I men- sence of a quorum. have to tolerate conduct they believed tioned a moment ago, I came to believe The PRESIDING OFFICER. The to be sinful or face a cutoff of Federal that a constitutional amendment was clerk will call the roll. funds. It is already happening, as we entirely appropriate. We know 2 years The bill clerk proceeded to call the have seen in Massachusetts with Bos- ago the Senate failed to overcome a fil- roll. ton’s Catholic Charities being forced ibuster against proceeding to the Mr. BROWNBACK. Mr. President, I out of the adoption business entirely amendment by a vote of 48 to 50. That ask unanimous consent that the order rather than violating church teachings was unfortunate. Now we have another for the quorum call be rescinded. on marriage and family. chance, yet some question whether we The PRESIDING OFFICER. Without Free speech could also be under should take advantage of that oppor- objection, it is so ordered. threat as sexual harassment in the tunity, even accusing supporters of Mr. BROWNBACK. Mr. President, I workplace principles are used by nerv- some type of political expediency in want to address a couple other issues ous corporate lawyers to draw speech even raising this issue. on this marriage amendment and at prohibitions on the marriage issue. The simple answer is that the insti- the same time urge my colleagues who Fear of litigation will breed self-cen- tution of marriage continues to be want to speak on this particular sorship. One expert predicts ‘‘a con- under assault by an organized, coordi- amendment to come to the Senate so certed effort to take same-sex mar- nated campaign of legal activists seek- we can have as fulsome debate as pos- riage from a negative right to be free of ing to quietly but methodically under- sible. If any Member comes to the state interference to a positive entitle- mine this institution through lawsuits floor, I will yield to them so they can ment to assistance by others.’’ filed around the country. Since the 2004 get a chance to put their information Some people say the answer is con- vote, State courts in Washington forward. scious exemption, but no legislative ex- State, New York, California, Maryland, There has been a developing body of emption can offer the same protection and Oregon have found traditional thought, and I think this is a very im- to traditional religious groups as a

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5423 constitutional amendment. As one of the job of defining and supporting the cial and legal separation between the the religious scholars has pointed out, institution, the fundamental institu- ideas of marriage and parenting, these even to attempt to create legislative tion of marriage and protecting that. scholars warn that same-sex marriages protections would be a staggeringly First, it is a statute. It is not a con- may make young people in the Nether- difficult and complex project. And stitutional amendment. As such, as a lands feel less obligated to marry be- what the legislature gives, it can take Federal statute, it can be overruled fore having children. Publication of the away later. That is what has been hap- and overturned by a court. We need to letter of warning was accompanied by a pening all over Europe. Protecting be able to have this at the constitu- front page news interview. In the inter- marriage now will spare us many in- tional level, where it is deciding funda- view, a Dutch law professor said that tense religious liberty conflicts down mental constitutions or the ones being ‘‘the reputation of marriage as an in- the road. raised not at a statutory level. Define stitution in Holland is in serious de- The lesson in this is clear. There is a that and develop that a little bit more cline.’’ ‘‘The Dutch need to have a na- lot more at stake in the battle over somewhat later. tional debate on how to restore tradi- same-sex marriage than the marriage I suggest the absence of a quorum. tional marriage. The decision to legal- issue itself, important as that is. Our The PRESIDING OFFICER (Mr. COR- ize same-sex marriage, in my view, has Nation’s long tradition of religious lib- NYN). The clerk will call the roll. been an important contributing factor erty faces its greatest threat in a gen- The bill clerk proceeded to call the to the decline in the reputation of mar- eration or more such that the very roll. riage.’’ ability of religiously affiliated organi- Mr. BROWNBACK. Mr. President, I One of the letters is from a Dutch zations to exist and operate is under ask unanimous consent that the order citizen who heads a research unit on threat. for the quorum call be rescinded. culture and communications at Not- I hope my colleagues will take a seri- The PRESIDING OFFICER. Without tingham Trent University. He has done ous look at this issue and people can objection, it is so ordered. a comparative study of family life and look at it and say: Wait a minute, it Mr. BROWNBACK. Mr. President, I sexual attitudes in the Netherlands and will not really develop that you will understand Senator MCCONNELL will be Britain. He is also acquainted with re- have this take place. But that is what closing today’s session. I wanted to fin- search on American marriage. He be- took place in Massachusetts, where ish with a point I made earlier today. I lieves that gay marriage has contrib- you had a Boston-based group, Catholic have talked about other countries and uted to the decline in the reputation of Charities, that does adoptions, but what took place when they redefined Dutch marriage. It is ‘‘difficult to within the Catholic Church they say: the institution of marriage. And it has imagine’’ that the Dutch campaign for We do not agree with same-sex adop- a great deal of difficulty for this soci- gay marriage did not have serious so- tions, as far as same-sex marriage ety. It results in fewer marriages. cial consequences, and he cites an in- adopting children, and we are not going There was a letter released 2 years ago tensive media campaign based on the to provide that service to same-sex that was addressed to parliamentarians claim that marriage and parenthood couples because of the beliefs of our or- around the world debating same-sex are unrelated. ganization, the tenets of our faith. marriage. It was done by a group of The Dutch scholars are not the only Then they were run out of Boston and five Dutch scholars. This is one of the ones to assert that the institution of out of Massachusetts, rather than be countries I have cited that has rede- marriage has been weakened by legal forced to practice something that was fined marriage, saying that it can be and social recognition of same-sex against the tenets of their faith. same-sex unions. They were raising unions. In January of this year, a I don’t think that is a route we want concerns about gay marriages and the French Government commission exam- people to go or be forced to go, to give negative effect on the institution of ining possible changes in French law up the tenets of their faith in order to marriage in the Netherlands. It was recommended against legalizing same- do something so basic as adoption, or published July 8, 2004, in a leading sex marriage. It is not my custom to in this case something so basic as per- Dutch newspaper: cite the French in the U.S. Senate. I forming marriages, like the one I at- There are good reasons to believe the de- often disagree if I do cite them. But lis- tended on Saturday that was at a cline in Dutch marriage may be connected to ten to what they were recommending. church. Are we going to say that the successful public campaign for the open- This commission came out against le- churches which will not do same-sex ing of marriage to same-sex couples in The galizing same-sex marriage based on couple unions cannot perform mar- Netherlands. its examination of the impact of legal- riages at all because if they just per- The letter signatories came from sev- ized same-sex marriage in Netherlands, form them for heterosexual couples and eral academic disciplines, including so- Belgium, Canada, and Spain, the four not for homosexual couples, that is big- cial sciences, philosophy, and law. The countries where it is legal, as well as otry, that is against a fundamental scholars cautioned against attributing European countries. We have a French right of people of same-sex unions, so if all of the recent decline in marriage to commission that looked at where these they are going to do any marriages, same-sex unions. laws have taken other countries al- they must do all marriages? There are undoubtedly other factors which ready. The French have not gone there People need to think about the pro- have contributed to the decline of the insti- yet. They are saying, let’s study this, found implications of recognizing this tution of marriage in our country. Further which I think would be a wise thing for right as it moves on through the courts scientific research is needed . . . us to do. Let’s look and see what has and the court system. I don’t think They concluded: happened in other countries, as the that is the intent people particularly At the same time, we wish to note that French have done. Their report—the have or want to have or that we should enough evidence of marital decline already parliamentarian report on the family have. exists to raise serious concerns about the and the rights of children—came out I had printed in the RECORD an arti- wisdom of the efforts to deconstruct mar- against a right to marriage for same- cle entitled ‘‘Banned in Boston. The riage in its traditional form. sex couples. This is certainly no con- coming conflict between same-sex mar- The reason I cite this is that there servative think tank group saying this. riage and religious liberty.’’ That was are going to be a number of people say- This is the French Government. The wherein a scholar by the name of ing all you can find are going to be commission came to this conclusion Maggie Gallagher, in quite an exten- conservative scholars to say that this when it considered the consequences sive article, an article that you start has had a negative impact on the Neth- for the child’s development and the to recognize when we redefine a funda- erlands. That is not the case. They are construction of his or her identity of mental institution such as marriage— saying things having a negative impact creating a fictitious affiliation by law, you get into issues and problems such there. They noted in recent years there two fathers and two mothers—this is as this which will take place. is statistical evidence of Dutch marital their statement—which is biologically A couple of Members are arguing decline including ‘‘a spectacular rise in neither real or plausible. They were that the Defense of Marriage Act is suf- the number of illegitimate births.’’ heard on this point and they failed to ficient. I don’t think that at all does That is their words. By creating a so- persuade a majority of the commission

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5424 CONGRESSIONAL RECORD — SENATE June 5, 2006 to support recognizing the rights of a Norwegian sociologist Keri Moxnes, tion to proceed to Calendar No. 435, S.J. Res. child or marriage for same-sex couples. frequently used by European social sci- 1, a joint resolution proposing an amend- That is a French commission exam- entists, is to put the movement in con- ment to the Constitution of the United ining other European countries that text. Moxnes welcomes same-sex mar- States relating to marriage. have legalized same-sex unions saying Bill Frist, Wayne Allard, Jim Bunning, riage not as a way of ratifying mar- Conrad Burns, Richard Burr, Tom this is not good for France or for the riage itself but as an innovation that Coburn, Jon Kyl, Craig Thomas, raising of the next generation. affirms and advances marriage’s ongo- George Allen, Judd Gregg, Johnny In addition to these sources, some of ing decline. She defines marriage as Isakson, David Vitter, John Thune, the most influential sociologists in Eu- being an increasingly empty institu- Mike Crapo, Jeff Sessions, John En- rope agree that same-sex marriage un- tion. sign, Rick Santorum. dermines the traditional institution of Is that the message we want to send? Mr. MCCONNELL. I ask unanimous marriage, even if they welcome the In the U.S, many sociologists are of the consent that the live quorum required change. So, in other words, they are same opinion. One argues that these under rule XXII be waived. saying we might welcome the change, wrenching social changes disrupt con- The PRESIDING OFFICER. Without but this is going to hurt marriage. ventional sexual and domestic rela- objection, it is so ordered. They agree that same-sex marriage tions and undermine traditional mar- f doesn’t reinforce marriage, as many of riages, but also believes that all of MORNING BUSINESS its proponents argue but, rather, these are signs of the decline of the upends marriage and helps foster ac- traditional family. From same-sex Mr. MCCONNELL. Mr. President, I ceptance for a variety of other forms, unions, to births, to cohabiting par- ask unanimous consent that there now such as single parenting, cohabitation, ents, to mothers who are single by be a period for the transaction of morn- and multiple partner unions, which choice, release individuals from the ing business, with Senators permitted only serve to weaken traditional mar- constraint of traditional marriage. to speak for up to 10 minutes each. riage. This is what happens when you I want to conclude on that point to The PRESIDING OFFICER. Without move away from your standard of mar- reaffirm what is really taking place objection, it is so ordered. riage being the union of a man and a here, and that is the redefining of a f woman. It weakens the institution and fundamental institution. We can say HONORING OUR ARMED FORCES moves in a lot of other types of ar- this is somehow a politicized debate, rangements. that it is not important. But from what LANCE CORPORAL WILLIAM JAY LEUSINK Britain’s Anthony Giddens, one of we are seeing in countries that have Mr. GRASSLEY. Mr. President, I rise the most influential sociologists in all taken up this debate, it is clearly im- today to pay tribute to a brave Amer- of Europe, wrote that modern marriage portant. It goes to the heart of the fun- ican who has made the ultimate sac- is being emptied of any meaning be- damental institution of marriage and rifice in service to our country. LCpl yond the emotional bonding of adults, weakens it further. It is an institution William Leusink died on May 22 when something he quotes as the ‘‘pure rela- that we want to support, and this move he struck an improvised explosive de- tionship.’’ This notion of the pure rela- destroys it further, takes it down fur- vice while on a dismounted patrol in tionship is being widely used by Euro- ther. That has been the research re- the Al Anbar Province in Iraq. Lance pean social scientists to explain why so sults that have taken place in Europe. Corporal Leusink was a marine who many parents now avoid marriage. This is a big debate. It is a big and was assigned to the Marine Corps Base Having a child is an experiment in an important problem and issue. We in Kaneohe Bay, HI. He was 21 years adult relationship that could possibly should not kid ourselves about what old. lead to marriage, rather than a reason this is about by saying we don’t really I would ask that all Americans join to get married in the first place. It is need to do this now. If we don’t do it me today, and add to the more than clear that the institution of marriage and it is redefined by the courts, that 1,100 Iowans who attended his funeral, has been defined down. It is simply a is the track we are on—tearing down in remembering and honoring Lance shared affection between two adults. this institution around which we have Corporal Leusink. The loss of this cou- This is precisely how the advocates built families. Is that what the Amer- rageous and patriotic American is felt of same-sex marriage define marriage— ican people want to do? We have seen throughout Iowa and in particular the no intrinsic connection to marriage. them vote in 45 States saying, no, we town of Maurice where he grew up and European sociologists say that a whole want marriage as the union of a man graduated from Sioux Center High host of changes, like single parenting, and a woman. School. My thoughts and prayers are cohabitation, and multiple partner We should not kid ourselves. This is with Lance Corporal Leusink’s wife, unions, point to the unraveling of mar- seriously about the future of the cul- Miranda, his parents, Bill and Elaine, riage as an institution designed to keep ture of the United States. his brother and two sisters as well as mothers and fathers together and for Mr. President, I suggest the absence all those other family and friends who the sake of their children. of a quorum. are grieving the loss of this young German sociologists, Ulrich Beck and The PRESIDING OFFICER. The man. Elizabether Beck-Gernsheim, also clerk will call the roll. Lance Corporal Leusink, who I un- highly contend that raising rates of pa- The bill clerk proceeded to call the derstand was known as ‘‘B. Jay’’ rental cohabitation and out-of-wedlock roll. among family and friends, will be re- births indicate that marriage, while Mr. MCCONNELL. Mr. President, I membered for his faith, athleticism, seemingly alive, is in fact dying. The ask unanimous consent that the order and patriotism. His faith was espe- old notions of marriage and family are for the quorum call be rescinded. cially important to him. Just as he giving way to domestic situations in The PRESIDING OFFICER. Without often took with him to the football which individuals make up their own objection, it is so ordered. field his favorite verse, Phillipians 4:13, rules. Individual choice hollows out the CLOTURE MOTION written on tape, it was this faith that old institutions, such as marriage and Mr. MCCONNELL. Mr. President, I led him to enlist to serve his country. family, that used to guide our choices. send a cloture motion to the desk. Pastor Wayne Sneller of the First These authors actually embrace and The PRESIDING OFFICER. The clo- Reformed Church of Maurice said, ‘‘B. celebrate the instability of the brave ture motion having been presented Jay always wanted to be a Marine and new family system, holding that family under rule XXII, the Chair directs the to serve his country. He believed in disillusion teaches children a hard, but clerk to read the motion. what he was doing and knew that the necessary, lesson about our new social The bill clerk read as follows: Lord was going to be with him.’’ world. CLOTURE MOTION In an e-mail to the pastor, Lance Is that the sort of message we want We the undersigned Senators, in accord- Corporal Leusink had written, ‘‘I know to send? It is the message that is com- ance with the provisions of rule XXII of the where I am going. I enlisted for a rea- ing through the courts if we don’t de- Standing Rules of the Senate, do hereby son, and that was to make a dif- fine this legislatively. The work of move to bring to a close debate on the mo- ference.’’

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5425 We owe a huge debt of gratitude to In 2004, VA Research Currents, a pub- Research Program can continue to in- Lance Corporal Leusink for his sac- lication that highlights the excellent novate and save lives. rifice. I am greatly saddened by his work of the VA research community, f passing but deeply proud and grateful reported on a study which found that ADDITIONAL STATEMENTS for what he gave for America. His loss men who walked less than a quarter of remains tragic but he died a true pa- a mile each day were, on average, near- triot. ly twice as likely to develop dementia ANNIVERSARY PROCLAMATION f compared to those that walked more FOR SISTERS OF MERCY IN ST. VA RESEARCH than 2 miles a day. LOUIS This research project was led by Rob- ∑ Mr. AKAKA. Mr. President, today I ert D. Abbott, Ph.D, of the University Mr. BOND. Mr. President, June 27, rise to highlight the wonderful work of Virginia; senior author Helen 2006 marks the 150th anniversary of the being conducted by VA’s Medical and Petrovitch, M.D.; and coauthor G. Web- arrival of the Sisters of Mercy in St. Prosthetic Research Program. VA re- ster Ross, M.D., of the Honolulu VA Louis, MO. Founded in Dublin, Ireland, search programs continue to lead in de- Medical Center. According to the re- in 1831 by Mother Catherine McAuley, veloping innovative and effective searchers, the findings suggest that the Sisters have dedicated themselves methods of treatment that have been promotion of an active lifestyle could to serving the sick, poor, and its trademark since World War II. promote better health later on in life. uneducated, particularly women and From its inception, the VA research The last study I would like to discuss children. program has made landmark contribu- examines the correlation between In 1856, at the request of St. Louis tions to the welfare of veterans and the drinking coffee and preventing Parkin- Archbishop Peter J. Kenrick, six Sis- entirety of the Nation. son’s disease. It has been said that an ters of Mercy journeyed by train and Past VA research projects have re- ounce of prevention is worth a pound of boat from New York to St. Louis, ar- sulted in the first successful liver cure. In this case, VA researchers and riving on June 27, 1856, to open St. transplant performed in the United their colleagues found that consuming Francis Xavier Parish School. During States, development of the cardiac at least 28 ounces of coffee can lower their first year in St. Louis, in addition pacemaker, and pioneered the tech- the risk of Parkinson’s disease. Lead to opening this new school, the Sisters nologies that led to the CT and MRI author G. Webster Ross, M.D., along visited the sick, poor, and jailed; start- scans. VA research also played a vital with colleagues from the Kuakini Med- ed a Sunday school program for Afri- role in treating tuberculosis, rehabili- ical Center, used participant dietary can-American women and girls; began tating blind veterans, and more re- nutritional data from the Honolulu an industrial school for children with cently, launched the largest ever clin- Heart Program for their findings. The one parent; and opened an orphanage. ical trial of psychotherapy to treat study helped scientists better under- Despite many challenges including PTSD. lack of money, food and clothing, the In 2004, VA research took on leader- stand the mechanisms of Parkinson’s disease and found a strong correlation Sisters persevered with determination ship of a $60 million nation wide and faith. They expanded their min- study—funded by the National Insti- between coffee drinkers and low rates of Parkinson’s disease. Dr. Ross did istry during the Civil War, visiting war tute on Aging and other partners—to prisoners at the hospital and jail. identify brain changes linked with Alz- note, however, that it was too early to recommend drinking coffee to prevent Growing enrollment at St. Francis heimer’s disease. VA research also es- Xavier School necessitated the opening tablished a major center of excellence, Parkinson’s disease. of a new school in 1871. The Sisters of in partnership with Brown University To ensure that VA can continue Mercy have continued the focus on edu- and MIT, to develop state-of-the-art these studies and tremendous suc- cation in St. Louis. Over the past 150 prosthetics for veteran amputees. For cesses, VA research must be given the years since their arrival in St. Louis, the last 60 years, VA research has been funds to do the job. VA research fund- more than 177 Sisters of Mercy have extremely competitive with its private ing must be at a level that takes into served in more than 20 parish elemen- sector counterparts. account not only inflation but new I would like to recognize a few re- challenges as well. Most importantly, tary schools and 5 high schools in Mis- search projects that can potentially adequately funding VA research helps souri. These schools include Christ the benefit veterans living in remote and to ensure that VA remains an attrac- King School in University City, Mercy rural areas across the country, includ- tive option to our best and brightest in High School in University City, St. ing veterans living in my home State medicine. Chairman CRAIG and I, along Joan of Arc School in South St. Louis, of Hawaii, where the geography creates with 60 of our colleagues, have rec- Annunciation School in Webster challenges in accessing care. One ommended $432 million in funding for Groves, and Mercy Junior College in study, Telemedicine and Anger Man- VA research next year, notwith- Webster Groves. agement Groups for PTSD Veterans in standing that this number is just to Recognizing the ever-growing health the Hawaiian Islands, builds on pre- maintain current services and avoid care needs of the community, in 1871 liminary research supporting the use of any personnel or project cuts. the Sisters converted the old St. technology for improving access to Just last week, the Committee on Francis Xavier School to an infirmary. mental health care for veterans suf- Veterans’ Affairs held a hearing on the The hospital struggled financially be- fering from post-traumatic stress dis- VA research program, hearing first- cause many patients were unable to order, PTSD. The study focuses on the hand the challenges researchers face in pay, but the Sisters never turned pa- effectiveness of conducting anger man- not only finding new methods of treat- tients away due to lack of funds. In- agement group therapy treatment ment but in funding, too. I came away stead, Sisters even sacrificed their through video-teleconferencing. from the hearing with a better under- mattresses and bedding to accommo- I also applaud the Pacific Islands Di- standing of the VA research program’s date patients. To meet the increased vision of the National Center for PTSD needs, as well as the challenges we in need for their health care services, the in Honolulu. Their efforts have im- Congress can help them overcome. Sisters moved the hospital to two proved access to PTSD treatment in re- That is why I, along with 61 of my other St. Louis sites before relocating mote areas and contributed to the colleagues, have recommended an addi- to its current location on South New knowledge and understanding of cul- tion to the VA research budget and not Ballas Road in 1963. tural factors related to PTSD. I com- a decrease. Less funding for VA re- While better known for their work in mend the Pacific Islands Division for search at this point in time will have education and health care, the Sisters its collaboration with the Department negative consequences down the road, have served the people of the St. Louis of Defense. I hope that VA and DOD when VA inherits the servicemen and metropolitan area in numerous other continue to work together on future re- women currently serving in Iraq and ministries including working with im- search projects aimed at providing bet- Afghanistan. Let us not fail in our re- migrants, providing spiritual direction, ter treatment for servicemembers and sponsibilities of providing adequate hosting groups at their conference and veterans alike. funding so VA’s Medical and Prosthetic retreat center, and serving the poor.

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5426 CONGRESSIONAL RECORD — SENATE June 5, 2006 Since their 1856 arrival, the Sisters of tion, structural steel for commercial make lasting ties to the city of St. Mercy have continuously served the buildings, custom-made piping for oil Louis. residents of St. Louis and its sur- and gas, steel line pipe coatings, and For over three decades, Wendy rounding areas. They overcame many community banking services. Some of Buehler has provided leadership and obstacles to carry on their services and their accomplishments have been de- service to Life Skills. Starting out as a today we recognize their dedication signing carrying structures for the De- direct support staff person, she has with our deepest gratitude and respect. partment of Defense to protect missiles steadily provided compassion and lead- It truly has been a Journey of Service. from attack, building two straddle-car- ership, leading to her current role as Cities/municipalities in St. Louis rier transporters to assist the National president of the organization. Wendy where Sisters of Mercy have served/ Aeronautics and Space Administration, Buehler has remained committed to lived and currently serve/live: Creve NASA, for the ‘‘moon shot,’’ and com- providing supported employment serv- Coeur, Frontenac University City, pleting a 796 mile natural gas pipeline ices so people with developmental dis- Chesterfield, City of St. Louis, Webster spanning from northwest Texas to Illi- abilities have the skills necessary to Groves, and Washington, MO.∑ nois. secure and retain meaningful and com- f Despite its impressive contributions petitive employment. to the country during both war and Wendy Buehler’s commitment to THE 150TH ANNIVERSARY OF peace time, the mark of Stupp Bros. is helping individuals with disabilities STUPP BROS. INC. nowhere greater than in the city of St. live quality and independent lives pro- ∑ Mr. BOND. Mr. President. I rise Louis. As the Kiel Center took shape in vides a lasting service for all of Mis- today to speak in honor of the 150th an- 1933, Stupp Bros. provided the steel for souri. Having a disability can pose niversary of Stupp Bros., Inc., from the its construction. Later in 1978, the many challenges for individuals to live great State of Missouri. Five genera- Stupp Bros. fabricated over 7,000 tons independently as part of the greater tions of the Stupp family in Missouri of steel for the First National Bank community. Wendy Buehler has have devoted themselves to the success highrise building in the downtown worked to ensure Missourians with dis- and innovation of this homegrown St. area. Perhaps of most interest to me, abilities have the resources they need Louis business. On this milestone in given my particular fondness for the to live their lives as healthy and as the history of Stupp Bros., Inc., I com- St. Louis Cardinals, is that Stupp Bros. independently as possible. mend the company leaders and employ- fashioned the floodlighting and elec- Today I recognize Wendy Buehler for ees for their contributions to the tronic scoreboard for Sportsman’s her dedication and commitment to the worldwide business community. Park, the original Busch Stadium. disability community of the State of In 1856, the city of St. Louis was a Recognizing its responsibility to the Missouri.∑ tremendous boomtown and the bustling community, Stupp Bridge has also been f inland port at the seat of the Mis- a civic contributor to the greater com- TRIBUTE TO HUGH PATTERSON sissippi River for pioneers heading munity. In 1951, the company launched westward. Thousands of immigrants a charitable trust to be known as ∑ Mr. PRYOR. Mr. President, I wish to flocked to the city from Italy, Ireland, Stupp Bros. Bridge and Iron Co. Foun- acknowledge the life and the courage and Germany in search of a better life dation Trust. Over the last 50 years, of Hugh Patterson, who died last week for their families. One German immi- the foundation has generously provided at the age of 91. Mr. Patterson was the grant named Johann Stupp settled in millions of dollars in contributions to publisher of the Arkansas Gazette in St. Louis. There he founded J. Stupp local and national charities. One of its 1957 when the Arkansas National Guard and Bro., Blacksmiths, a shop focused most notable actions is the establish- was called up to prevent nine young primarily on repairing tools and ma- ment of a scholarship program which Blacks from enrolling at Central High chinery parts. supports the college education for the School in Little Rock. This hugely di- Like many Missourians at the time, son or daughter of a Stupp employee. visive issue not only had to be reported Stupp became deeply involved in the The story of Stupp Bros., Inc, is one on in the Gazette, it had to be evalu- Union effort as the Civil War unfolded. of American determination, innova- ated on the editorial page. Mr. Patter- During the conflict, Stupp assisted the tion, and service. For 150 years, the son’s initial reaction was the right one; work of James Eads in crafting a fleet company has been a staple among the support desegregation. He later re- of ironclad gunboats for use in battle St. Louis business and industry com- called that he said, ‘‘Well, of course, by the Union Army. Shortly following munity. Today, under the leadership of it’s got to be recognized that the Su- the war, the blacksmith shop faced Robert P. Stupp, John P. Stupp, Jr., preme Court decision was the only de- hard times. Yet with the aid of his sons and R. Philip Stupp, Jr., Stupp Bros. cision that could have been made. We George, Peter, and Julius, Stupp re- continues to leave its mark upon the have to recognize that this is a transi- built the business as Stupp Bros. South landscape of our State. On behalf of all tional time in terms of public policy St. Louis Iron Works, receiving a char- Missourians, I extend my best wishes and it will, perhaps, take some time for ter of incorporation from the State of and warmest regards to the Stupp that to be realized, but there’s just no Missouri for building and repairing Bros., Inc., family of companies, and option to this. It’s a fundamental mat- iron and steel structural work. especially to their dedicated employees ter.’’ Mr. Patterson was the paper’s After Johann Stupp passed away in and company leaders for their 150 years first publisher, responsible for policy as 1915, the Stupp brothers continued to in the great State of Missouri.∑ well as business, but he was not the manage the company with great suc- f only one making major editorial deci- cess. Recognizing the fast changing and sions. He had to help convince the ever-modernizing world in which they IN HONOR OF WENDY BUEHLER owner, his father-in-law, J.N. Heiskell, lived, the Stupp brothers reorganized ∑ Mr. BOND. Mr. President. I rise and he did. the company’s services to keep up with today to recognize Wendy Buehler, The reaction to the newspaper’s the needs of a rapidly growing United president of Life Skills, on the anniver- stand for desegregation was severe. States. Like their father during the sary of her 25th year of leadership and There were boycotts against adver- Civil War, the Stupp brothers sup- service to individuals with develop- tisers and mobs out to prevent delivery ported World War I by fabricating parts mental disabilities. trucks from delivering papers. Circula- for Liberty ships. In World War II, the Life Skills, a nonprofit charitable tion fell. The financial losses were sig- Stupp Bros. received the Army Navy E- group, has served Missourians with dis- nificant, and harmful on a larger scale Award for its construction of 176 LCTs, abilities since 1964. Today they con- because Mr. Patterson’s philosophy which landed allied troops on beaches tinue to connect individuals with dis- was that profits should be put back throughout the world in the defense of abilities to the greater community of into the paper, which he saw as a pub- freedom. St. Louis. Over 1,400 children and lic service to the State. The Gazette During much of the 20th century and adults have been assisted by Life won two Pulitzer Prizes for its cov- still today, the Stupp Bros. family of Skills, enabling them to live in their erage in 1957 and they were well de- companies has provided bridge fabrica- own homes, seek and hold jobs, and served. As today’s Democrat-Gazette

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5427 said last week, ‘‘Dante reserved a spe- He married the former Louise Heiskell of wrote a paper on it, and it was adopted by cial place in his Inferno for those who Little Rock on March 29, 1944. His wife was the Institute of Newspaper Controllers and would stay neutral in times of moral the daughter of J.N. Heiskell, who was presi- Finance Officers.’’ The Gazette’s controller, Jack Olsen, a crisis. No one need bother looking for dent and editor of the Gazette from 1902 until his death in 1972. The Pattersons had former Internal Revenue Service accountant, the Arkansas Gazette there. Fully two sons, Carrick H. Patterson and Ralph B. fine-tuned Patterson’s accounting system. aware that his paper had much to lose, Patterson, both of Little Rock. Olsen eventually went to work for the St. Hugh Patterson never hesitated to Ralph Patterson said Monday that his fa- Petersburg Times, The New York Times and stake it all on what he knew to be ther emphasized putting profits back into the Chicago Tribune, using the budgeting right.’’ the newspaper. ‘‘That was very important to process Patterson developed. Mr. Patterson grew up in Pine Bluff him: That the paper not be a cash cow, but Patterson also organized the newspaper and learned the printing business. a public service to the state.’’ into more sections, added stock tables, more Before World War II, Patterson worked pri- news services and beefed up the Sunday After serving in the Army Air Corps in marily in the commercial printing business newspaper with the addition of color comics World War II, he joined the Gazette in in Pine Bluff, Little Rock, New York and and Parade Magazine. 1946. He became publisher in 1948 and Washington. His first job in the field was at On policy, it was Patterson who set the Ga- stayed in that job for 38 years. There Adams Lithographic and Printing Co. of Pine zette on the course that won it the Pulitzer. was much more to his career there Bluff when ‘‘I was about 14 or 15, I suppose,’’ Patterson was a regional chairman of the than the events of 1957, and to fill in Patterson recalled in a 2000 interview with National Council for Public Schools when he Roy Reed, who is also director of the Arkan- was interviewed by a reporter for The Asso- those details I ask that his obituary ciated Press about implementing the May 17, from the Democrat-Gazette be printed sas Gazette Project at the University of Ar- kansas. The project is an effort to collect 1954, U.S. Supreme Court ruling in Brown v. after my remarks. Arkansas is much and preserve the newspaper’s history. Board of Education, which found that seg- the better for his voice in a time of cri- ‘‘The Depression was coming on and they regation in schools was inherently unequal sis and his many other contributions at had to cut down on staff some... so I melted and in violation of the Constitution. the helm of the Gazette for so many type metal and washed the platen presses, ‘‘I said, ’Well, of course, it’s got to be rec- years. and I was the shipping clerk,’’ Patterson ognized that the Supreme Court decision was The material follows. said. the only decision that could have been After dropping out of Henderson State be- made,’’ Patterson recalled. ‘‘We have to rec- [From the Arkansas Democrat-Gazette, May cause his family didn’t have enough money, ognize that this is a transitional time in 30, 2006] Patterson purchased his first car, a 1931 terms of public policy and it will, perhaps, HUGH PATTERSON, CHIEF OF ARKANSAS Chevrolet for $75, on credit, and traveled the take some time for that to be realized, but GAZETTE FOR 38 YEARS, DIES AT 91 roads of south Arkansas and north Louisiana there’s just no option to this. It’s a funda- (By Noel E. Oman) selling printing supplies for the Smith Co., mental matter.’’’ Hugh B. Patterson Jr., the longtime pub- another Pine Bluff printing firm, according A wire service story containing those lisher of the former Arkansas Gazette, died to the Reed interview. quotes appeared in the Gazette. Upon return- Monday. He was 91. In 1936, he moved to Little Rock to work ing to Arkansas, Executive Editor Ashmore Patterson was publisher of the Gazette for Democrat Printing and Lithograph Co., wondered whether Heiskell would fire Pat- from November 1948 until December 1986, where he earned $20 a week. terson, Patterson said. About a week later, when the newspaper was sold to Gannett Co. Patterson served in the Army Air Corps in the subject came up with Heiskell, who was Inc. Patterson’s 38 years directing the ‘‘old- World War II, for the most part, in Mobile, over at the Patterson home to visit his est newspaper west of the Mississippi’’ began Ala., where he specialized in supply and grandchildren. Patterson said he told him, in the era of the mechanical typesetting ma- maintenance management. He left the serv- ‘‘Well, you know, deep down we’re talking chine and lasted into the age of computer- ice with the rank of major. about your grandchildren’s generation. And generated print. Patterson pondered forming a management we feel that we can’t misrepresent these His tenure coincided with Little Rock’s consulting company when the war ended. issues to them. We can’t bring them up feel- public school desegregation crisis in 1957. But during a weekend trip to Little Rock, he ing that what is inevitable is not true.’’ The Gazette won two Pulitzer Prizes in 1958, had dinner with his father-in-law, who appre- ‘‘That was the last time it was ever dis- one to the newspaper for public service and ciated his printing background. cussed,’’ Patterson told Reed. ‘‘And when the other to Executive Editor Harry S. Heiskell, whose son had died in the war, Ashmore heard about that, for the first time, Ashmore for editorial writing. had a proposition. he was able to deal more realistically with ‘‘This first thing I think of, as you might ‘‘Mr. Heiskell said, ‘You are the only one the question textually in the editorials.’’ guess, is the 1957 school crisis, and the Ga- with related experience and as soon as you Jim Johnson, a former associate justice of zette’s performance through that period,’’ can get out, I’d like for you to come to the the Arkansas Supreme Court and the Demo- said Roy Reed, professor emeritus of jour- paper,’’’ Patterson recalled in the Reed cratic Party nominee for governor in 1966— nalism at the University of Arkansas at Fay- interview. and no favorite of the Arkansas Gazette’s etteville. Reed was a reporter at the Gazette Patterson joined the Gazette as national editorial page—said his battles with the Ga- for eight years, later joining The New York advertising manager in 1946. Two years later, zette over segregation amounted to a ‘‘polit- Times as a national and foreign cor- Heiskell made him the newspaper’s first pub- ical vendetta.’’ But he said he always re- respondent. lisher, responsible for policy as well as the spected and admired Patterson’s civility and ‘‘It’s not fully appreciated outside of a business. Before that, the Gazette had a busi- tenacity. very small group the role Hugh Patterson ness manager to run the business and an edi- ‘‘He was a master at his craft and a wor- had. He was absolutely vital to leading the tor who was responsible for newspaper pol- thy, worthy adversary. He was keenly effec- paper to the position it held: Obey the law icy. tive. You had to admire it. As my daddy and the court decision,’’ Reed said. James O. Powell, the Gazette’s editorial would say, he learned me something.’’ Arkansas Democrat-Gazette Publisher page editor from 1959–1986, said Patterson re- Arkansas Times columnist and former Ga- Walter E. Hussman Jr. said Monday that cruited him from the Tampa Tribune. ‘‘He zette employee Ernie Dumas said Patterson Patterson should be remembered for his was an excellent publisher, a good business- never really got credit for his role in 1957 and leadership of the Gazette ‘‘during its great- man, who knew the newspaper industry well 1958, critical years for the Gazette and the est years,’’ in the late 1950s. indeed,’’ Powell said. Patterson ‘‘knew well state. ‘‘It was a difficult time, and he certainly the pursuit of the public interest using the ‘‘Everybody has also attributed the her- responded,’’ Hussman said. newspaper.’’ oism and courage to Heiskell and Ashmore. Al Neuharth, who founded USA Today and On the business side, Patterson consoli- Hugh played a very strong role in bringing helped build the Gannett newspaper empire dated the ownership of the Gazette under the Harry and Heiskell around, that despite the that purchased the Gazette, said he was Heiskell family and successfully fought off peril to the Gazette, they should take a sorry to hear of Patterson’s death. an attempt by financier Witt Stephens, who stand against Orval Faubus.’’ ‘‘He was considered by all of us who knew owned Gazette stock, to obtain a controlling By the mid–1980s, Patterson and the Ga- him as a real Southern gentleman, real dedi- interest, a move that Patterson enjoyed re- zette began feeling pressure from the Arkan- cated newspaper person and I considered him telling to Reed. sas Democrat, a newspaper that the Walter a good friend,’’ Neuharth said. ‘‘He did a lot ‘‘He thought I was a yokel,’’ Patterson re- E. Hussman family had acquired in 1974 and for the state of Arkansas.’’ called, laughing. ‘‘I suppose that was the converted from an afternoon daily to a Patterson was born on Feb. 8, 1915, in Cot- best poker hand I ever played.’’ morning newspaper to compete head-to-head ton Plant, Miss. He came to Arkansas with Patterson, relying on his experience in with the Gazette. In the early 1980s, he met his family in 1917. He was educated in the commercial printing, also developed finan- with representatives of Times-Mirror Corp. public schools of Pine Bluff and at Henderson cial controls that showed the relationship and the New York Times Co. in an effort to State Teachers College, now Henderson between costs and revenue, which he found sell the paper to a company that could allow State University, in Arkadelphia. He also did few in the industry knew. the Gazette to continue publishing. special studies in graphic arts and adver- ‘‘It was absolutely new,’’ Patterson told Unable to find a suitor, the Gazette filed a tising in Washington, D.C., and New York. Reed. ‘‘And so I developed this thing, and I federal lawsuit accusing the Democrat of

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5428 CONGRESSIONAL RECORD — SENATE June 5, 2006 predatory practices. The Democrat con- In recent years, Pastor Sinclair has were referred or ordered to lie on the tended that it resorted to innovative but expanded his community service ef- table as indicated: legal business practices because the Gazette forts at a breathtaking pace. He has POM–339. A concurrent memorial adopted was the dominant paper. In March 1986, a launched various initiatives in major by the House of Representatives of the Legis- jury found in favor of the Democrat. lature of the State of Arizona relative to Patterson sold the Gazette to the Gannett cities and towns throughout Con- urging the United States Congress to enact Co. a short time later, and often professed necticut. He serves as the director of an agricultural commuter worker permit unhappiness with the changes the national the Hands for Change program in New program; to the Committee on Agriculture, chain made to the state’s ‘‘gray lady.’’ Jersey, which also has satellite pro- On Oct. 18, 1991, Gannett shut down the Ga- grams in Massachusetts and New York. Nutrition, and Forestry. zette and sold the Gazette’s assets and name Recently, Triumphant announced plans HOUSE CONCURRENT MEMORIAL 2018 to Little Rock Newspapers Inc., now called to expand its program in Hartford to Whereas, agriculture along the southern Arkansas Democrat-Gazette Inc. The com- the city’s Park Street Frog Hollow United States border is often seasonal and pany is a corporate subsidiary of WEHCO neighborhood. concentrated within tight time frames in Media Inc. whose chief executive officer, Pastor Sinclair and the rest of the which highly perishable crops must be pro- Walter E. Hussman Jr., is publisher of the staff at Triumphant are shining exam- duced and harvested in a timely manner or Arkansas Democrat-Gazette, which began the entire crop could be lost; and publishing under that name on Oct. 19, 1991. ples of how through hard work and self- Whereas, farmers along the southern bor- Throughout his newspaper career, Patter- lessness, a small group of people can der face calamities of weather, pests and son was active in civic affairs. He was a pull together to strengthen their com- market conditions along with stringent re- member of the Little Rock Planning Com- munity. When I think about how Tri- quirements to provide a safe and wholesome mission for 20 years. In 1957, Patterson umphant will be celebrating its fourth supply of food for the citizens of the United helped initiate the city manager form of gov- anniversary, all I can really do is hope States and the world; and ernment for Little Rock. He also helped cre- that it will be around for many more Whereas, agriculture requires a stable and ate the Metropolitan Area Planning Com- years to come. When I look back at reliable source of labor in order to produce mission, now known as Metroplan. what Pastor Brian Keith Sinclair has enough food to meet the needs of our citizens Patterson was awarded the Freedom House so the United States does not become de- Freedom Award in 1958 and the Arkansas done for communities throughout the pendent on foreign nations for our food sup- Council of the National Conference of Chris- great State of Connecticut, I can’t help ply; and tians and Jews Humanitarian Award in 1987. but be filled with a deep sense of grati- Whereas, the total economic impact of Ari- Also in 1987, Patterson was named Arkansas tude and hope for the future. It is truly zona agriculture for 2004 was approximately Journalist of the Year by the University of an honor to say thank you, Pastor Sin- $9.2 billion, providing an integral economic Arkansas at Little Rock. Patterson also clair, Connecticut is a better place be- contribution throughout our state; and served as president of the Southern News- cause of you.∑ Whereas, agriculture requires access to a paper Publishers Association.∑ stable and reliable pool of foreign workers f f due to an aging and increasingly educated MESSAGES FROM THE PRESIDENT native born workforce and employees leaving TRIBUTE TO PASTOR BRIAN KEITH agricultural work for other industries; and SINCLAIR Messages from the President of the Whereas, current agricultural work visa United States were communicated to ∑ Mr. LIEBERMAN. Mr. President, I programs fail to provide timely access to the Senate by Ms. Evans, one of his rise today to congratulate Pastor necessary labor; and secretaries. Whereas, an agricultural commuter worker Brian Keith Sinclair of Hartford, CT. f permit program can complement both border Pastor Sinclair is the founder and vi- security and workplace enforcement while sionary of Triumphant World Outreach EXECUTIVE MESSAGES REFERRED allowing a natural flow of labor: and Ministries, which will be celebrating As in executive session the Presiding Whereas, an agricultural commuter worker its fourth anniversary on June 10. Officer laid before the Senate messages permit program will help abate many of the Triumphant is an outreach organiza- from the President of the United social and human costs in terms of crime and tion that seeks to give inner-city deaths in the desert; and States submitting sundry nominations Whereas, an agricultural commuter worker youth, teens, and young adults a sense which were referred to the appropriate of hope for the future. The organiza- permit program will allow willing agricul- committees. tural workers to commute from their coun- tion declares in its mission statement (The nominations received today are try of origin to work in the United States an intention to ‘‘reach the lost at any printed at the end of the Senate pro- while maintaining their country of origin cost.’’ Triumphant offers a number of ceedings.) residency. Wherefore your memorialist, the programs and services for those youth f House of Representatives of the State of Ari- and their parents who choose to par- zona, the Senate concurring, prays: ticipate, intended to keep young people MEASURES PLACED ON THE 1. That the United States Congress include off the streets, away from the destruc- CALENDAR an agricultural commuter worker permit The following bills were read the sec- program as part of immigration reform legis- tive forces of drug use and violence lation that allows foreign workers to com- that ensnare far too many young peo- ond time, and placed on the calendar: mute across the border daily to work in the ple. Since the ministry opened in 2002, H.R. 5253. An act to prohibit price gouging United States if they have passed criminal countless youths have taken advantage in the sale of gasoline, diesel fuel, crude oil, and security background checks and a med- of its homework clubs and job place- and home heating oil, and for other purposes. ical examination and if they possess tamper- H.R. 5311. An act to establish the Upper ment services and enjoyed its various resistant biometric authorization cards. Housatonic Valley National Heritage Area. 2. That the Secretary of State of the State artistic and dance programs. The min- H.R. 5403. An act to improve protections of Arizona transmit copies of this Memorial istry also arranges many recreational for children and to hold States accountable to the President of the United States Senate. for the safe and timely placement of children activities and outings for the youth, ‘‘the Speaker of the United States House of across State lines, and for other purposes. including trips to amusement parks, Representatives and each Member of Con- fishing lessons, and minor league base- H.R. 5429. An act to direct the Secretary of the Interior to establish and implement a gress from the State of Arizona. ball games. competitive oil and gas leasing program that In 2002, Pastor Sinclair delivered a will result in an environmentally sound pro- POM–340. A resolution adopted by the Sen- sermon to the South Congregational gram for the exploration, development, and ate of the General Assembly of the Common- Church in Hartford entitled ‘‘Now Per- production of the oil and gas resources of the wealth of Pennsylvania relative to opposing form the Doing of It.’’ In the sermon Coastal Plain of Alaska, and for other pur- any increase in the cost of enrollment in Pastor Sinclair stressed to his audience poses. health care programs for members of the United States military; to the Committee on that the time to reach out to young S. 3274. A bill to create a fair and efficient system to resolve claims of victims for bod- Armed Services. people is now, that those who are at ily injury caused by asbestos exposure, and SENATE RESOLUTION NO. 272 risk can’t wait to be helped. Anyone for other purposes. who has taken a look at what Pastor Whereas, a recent proposal by the Depart- f ment of Defense, endorsed by the Joint Sinclair has done over the past few PETITIONS AND MEMORIALS Chiefs, called for increasing the enrollment years will tell you that Pastor Sinclair cost in United States military health care has applied this sense of urgency to all The following petitions and memo- programs for service members known as the work he has done. rials were laid before the Senate and TRICARE; and

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5429 Whereas, all branches of the armed forces relative to requesting the Congress of the That the New Hampshire House of Rep- have valiantly sacrificed for our nation do- United States to give due consideration to resentatives: mestically and overseas, including in Iraq the readiness of the Republic of China on I. Condemns the ongoing genocide in and Afghanistan; and Taiwan for membership in the United Na- Darfur; and Whereas, the Federal Government has en- tions; to the Committee on Foreign Rela- II. Calls upon the President, the State De- countered difficulty in recruiting and retain- tions. partment, and Congress to unite the inter- national community to end the genocide in ing personnel for military duty on account of SENATE RESOLUTION NO. 137 compensation and service commitment con- Darfur; and Whereas, the Republic of China on Taiwan cerns; and That a copy of this resolution be forwarded Whereas, the Department of Defense must has established a democratic, multiparty po- by the house clerk to the President of the limit the financial burden on members of the litical system, its diplomacy aimed at na- United States, the President of the United military community; therefore be it tional unification demonstrates its progres- States Senate, the Speaker of the United Resolved, That the Senate of the Common- sive spirit as a government and a people, and States House of Representatives, and each wealth of Pennsylvania memorialize the its inclusion in the United Nations would member of the New Hampshire congressional President and Congress of the United States only further the universality of this essen- delegation. and the Department of Defense to oppose any tial global forum; and increases in the cost of enrollment in health Whereas, already having provided many de- POM–344. A concurrent resolution adopted care programs for members of the United veloping nations with financial assistance, by the House of Representatives of the Legis- States military; and be it further as well as overseas aid, training, and disaster lature of the State of New Hampshire rel- Resolved, That copies of this resolution be relief, Taiwan has amply illustrated its con- ative to urging Congress to promote and pub- transmittted to the President of the United cern for the welfare of the world; and licize the report to the Congress of the States, the Secretary of Defense, the pre- Whereas, the government of Taiwan has United States entitled ‘‘A Review of the Re- siding officers of each house of Congress and accepted the obligations contained in the strictions on Persons of Italian Ancestry to each member of Congress from United Nations Charter and agrees to pro- During World War II’’; to the Committee on Pennsylsvania. mote international peace and security; and the Judiciary. Whereas, the fundamental right of the 21 HOUSE RESOLUTION 22 POM–341. A resolution adopted by the Sen- million citizens of Taiwan to be partners in Whereas, more than 500,000 Italian-Ameri- ate of the State of Michigan relative to op- the community of nations should no longer cans served in World War II for the United posing the SMART Act and other preemptive be denied; now therefore, be it States of America; and federal insurance regulatory measures; to Resolved by the Senate, That the Senate supports the membership of the Republic of Whereas, since 1999 it has been known that the Committee on Banking, Housing, and up to 600,000 members of the families of those Urban Affairs. China on Taiwan in the United Nations and urges due consideration by the Congress of who served in World War II were placed SENATE RESOLUTION NO. 94 the United States; and be it under wartime restrictions which included Whereas, regulation, oversight, and con- Further resolved, That upon adoption, an of- random arrests, searches of their person, fed- sumer protection have traditionally and his- ficial copy of this Resolution be prepared and eral raids of their homes, curfews, forced re- torically been powers reserved to state gov- presented to the President of the United location, so-called ‘‘prohibited zones,’’ and ernments under the McCarran-Ferguson Act States Senate, the Secretary of the United internment camps; and of 1945; and States Senate, the Speaker of the United Whereas, these individuals were placed Whereas, state legislatures are more re- States House of Representatives, the Clerk under such restrictions solely based on their sponsive to the needs of their constituents of the United States House of Representa- Italian-American heritage; and and the need for insurance products and reg- tives, the members of Iowa’s congressional Whereas, Italian-Americans nationwide ulation to meet their state’s unique market delegation, and the Secretary General of the were affected by these wartime restrictions demands; and United Nations. and were considered enemy aliens even when Whereas, state legislatures, NCOIL, and they were born in the United States; and NAIC continue to address uniformity issues POM–343. A concurrent resolution adopted Whereas, the United States government between states by the adoption of model laws by the House of Representatives of the Legis- has acknowledged the wartime campaign that address market conduct, product ap- lature of the State of New Hampshire rel- against Japanese-Americans and enacted a proval, agent licensing, and rate deregula- ative to condemning the genocide in the reparations law in August, 1988 that awarded tion; and Darfur region of the Sudan and calling upon over 1 billion dollars in restitution to Japa- Whereas, initiatives are being con- the President, the State Department and nese-Americans interned in camps in or templated by certain members of the United Congress to unite the international commu- evacuated from the West Coast; and, but to States Congress that would destroy the state nity to end the genocide in Darfur; to the date has not widely publicized the plight of system of insurance regulation and create Committee on Foreign Relations. Italian-Americans affected by wartime de- unwieldy and inaccessible federal bureauc- crees; and racies—all without consumer demand; and HOUSE RESOLUTION 13 Whereas Congress mandated in Public Law Whereas, many state governments derive Whereas, on February 1, 2005, the United 106–451, the Wartime Violation of Italian general revenue dollars from the regulation Nations released the Report of the Inter- American Civil Liberties Act, that the of the business of insurance, and these initia- national Commission of Inquiry on Darfur to United States Department of Justice con- tives would eventually draw premium tax the United Nations Secretary-General which duct an inquiry for the purpose of docu- revenue from the states; and found that war crimes and crimes against menting and making public the mistreat- Whereas, such initiatives include optional humanity had been perpetrated in the Darfur ment of Italian-Americans during World War federal charter proposals that would bifur- region of Sudan; and II; and cate insurance regulation and allow compa- Whereas, the Report of the International Whereas, the Department of Justice sub- nies to evade important state consumer pro- Commission of Inquiry established that Su- mitted the report, entitled ‘‘A Review of the tections and the State Modernization and danese government forces and the Janjaweed Restrictions on Persons of Italian Ancestry Regulatory Transparency (SMART) Act, militia are responsible for systematic and During World War II’’ in November, 2001; and which would create mandatory federal insur- widespread killing, torture, rape, pillaging, Whereas, the Judiciary Committee of the ance standards preempting state law; now, and forced displacement throughout Darfur United States House of Representatives re- therefore, be it and that these acts result in 10,000 deaths leased the report on November 27, 2001, but Resolved by the Senate, That we express our every month; and did not promote and publicize the report; strong opposition to such federal legislation Whereas, President Bush, former Secretary now, therefore, be it that would threaten the power of state legis- of State Powell, and the United States Con- Resolved by the House of Representatives: latures, governors, insurance commissioners, gress have declared the attacks to be geno- That the New Hampshire house of rep- and attorneys general to oversee, regulate, cide, a crime against humanity; and resentatives urges Congress to take steps to and investigate the business of insurance, Whereas, 136 nations, including the United promote and publicize the report to the Con- and to protect consumers; and be it further States, condemn, and seek to prevent and gress of the United States entitled ‘‘A Re- Resolved, That copies of this resolution be punish the Crime of Genocide as signatories view of the Restrictions on Persons of transmitted to the President of the United to the Convention on the Prevention and Italian Ancestry During World Ward II;’’ and States Senate, the Speaker of the United Punishment of Crimes Against Humanity; That copies of this resolution shall be sent States House of Representatives, members of and by the house clerk to the Speaker of the the United States House of Representatives Whereas, the continuing atrocities in United States House of Representatives, the Committee on Financial Services, the United Darfur cry out for an aggressive inter- President of the United States Senate, the States Senate Committee on Banking, Hous- national response to provide protection for 2 attorney general of the United States, the ing, and Urban Affairs, and the members of million internally-displaced Sudanese, to ex- chairpersons of the Judiciary Committees of the Michigan congressional delegation. pand humanitarian relief efforts without the United States House of Representatives delay, and to establish political negotiations and Senate, the New Hampshire congres- POM–342. A resolution adopted by the Sen- to end these atrocities; now therefore, be it sional delegation, and the New York head- ate of the Legislature of the State of Iowa Resolved by the House of Representatives: quarters of the Associated Press.

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5430 CONGRESSIONAL RECORD — SENATE June 5, 2006 POM–345. A resolution adopted by the Sen- By Mr. KENNEDY: By Mr. NELSON of Nebraska: ate of the State of Michigan relative to me- S. 3350. A bill to suspend temporarily the S. 3370. A bill to reduce temporarily the morializing the United States Congress to duty on Naphthol AS-CA; to the Committee duty on Fludioxonil Technical; to the Com- adopt and transmit to the states for ratifica- on Finance. mittee on Finance. tion an amendment to the U.S. Constitution By Mr. KENNEDY: By Mr. NELSON of Nebraska: that would ensure that apportionment is S. 3351. A bill to suspend temporarily the S. 3371. A bill to suspend temporarily the based on citizens and not non-citizens; to the duty on 1-(P-Tolyl)-3-Methyl-5-Pyrazolone; duty on mixtures of difenoconazole/ Committee on the Judiciary. to the Committee on Finance. mefenoxam; to the Committee on Finance. By Mr. KENNEDY: SENATE RESOLUTION NO. 105 By Mr. NELSON of Nebraska: S. 3352. A bill to suspend temporarily the S. 3372. A bill to suspend temporarily the Whereas, Reapportionment based on the duty on Naphthol AS-KB; to the Committee duty on Cyproconazole Technical; to the counting of non-citizens in the federal census on Finance. Committee on Finance. is adversely affecting the United States Con- By Mr. KENNEDY: S. 3353. A bill to suspend temporarily the By Mr. NELSON of Nebraska: gress and the American political process. S. 3373. A bill to suspend temporarily the duty on Basic Violet 1; to the Committee on Since 1960, Michigan and other Midwestern duty on Cloquintocet-mexyl; to the Com- Finance. states have had to sacrifice congressional mittee on Finance. representation to the faster-growing states By Mr. KENNEDY: S. 3354. A bill to suspend temporarily the By Mr. NELSON of Nebraska: of Florida, California, and Texas. The redis- S. 3374. A bill to reduce temporarily the tributions of congressional seats in the 1970 duty on Basic Blue 7; to the Committee on Finance. duty on formulations of Clodinafop-pro- and 1980 censuses were almost completely pargyl; to the Committee on Finance. due to internal migration; citizens moving By Mr. KENNEDY: S. 3355. A bill to suspend temporarily the By Mr. NELSON of Nebraska: from the Northeastern and Midwestern duty on Fast Red B Base; to the Committee S. 3375. A bill to reduce temporarily the states to the South and West. However, since on Finance. duty on formulations of Azoxystrobin; to the 1990, immigration has been driving reappor- By Mr. KENNEDY: Committee on Finance. tionment. During that decade the number of S. 3356. A bill to suspend temporarily the By Mr. NELSON of Nebraska: non-citizens grew by almost 680,000 annually. duty on 3 Amino-4-Methylbenzamide; to the S. 3376. A bill to suspend temporarily the By March 2005 there were nearly 22 million Committee on Finance. duty on Avermectin B, 1,4″-deoxy-4″- non-citizens in this country, comprising 7.4 By Mr. KENNEDY: methylamino-, (4″r)-, benzoate; to the Com- percent of the total population; and S. 3357. A bill to suspend temporarily the mittee on Finance. Whereas, Immigration is having a signifi- duty on Acetoacetyl-2,5-Dimethoxy-4- By Mr. DEWINE: cant effect on the distribution of congres- Chloroanilide; to the Committee on Finance. S. 3377. A bill to extend temporarily the sional seats for several reasons. First, seats By Mr. KENNEDY (for himself and Mr. suspension of duty on 1,3-Bis(4- are apportioned based on each state’s total KERRY): aminophenoxy)benzene (RODA); to the Com- population relative to the rest of the coun- S. 3358. A bill to suspend temporarily the mittee on Finance. try, including legal immigrants and illegal duty on gemifloxacin, gemifloxacin non-citizens. Second, Congress permits a sig- mesylate, and gemifloxacin mesylate f nificant number of legal immigrants to enter sesquihydrate; to the Committee on Finance. this country and permits hordes of illegals to By Mr. FRIST (for himself and Mr. SUBMISSION OF CONCURRENT AND brazenly flout our immigration laws by ALEXANDER): SENATE RESOLUTIONS crossing our porous borders unchallenged. S. 3359. A bill to suspend temporarily the According to the 2000 census, there were duty on diethyl ether; to the Committee on The following concurrent resolutions more than 18 million non-citizens in the Finance. and Senate resolutions were read, and United States, equaling the population of al- By Mr. FRIST (for himself and Mr. referred (or acted upon), as indicated: most 29 congressional districts. Further, ALEXANDER): By Ms. MURKOWSKI (for herself, Mr. S. 3360. A bill to suspend temporarily the non-citizens are not equally distributed JOHNSON, Mr. COLEMAN, Mr. DODD, duty on phenyl salicylate (benzoic acid, 2-hy- throughout the nation. In 2000, over 9 million Mr. DURBIN, Mrs. MURRAY, and Mr. droxy-, phenyl ester); to the Committee on non-citizens lived in 3 states and nearly 70 STEVENS): percent resided in 6 states; and Finance. S. Res. 499. A resolution designating Sep- Whereas, The impact of non-citizens on ap- By Mr. FRIST (for himself and Mr. tember 9, 2006, as ‘‘National Fetal Alcohol portionment is tremendous. In 2000, the pres- ALEXANDER): S. 3361. A bill to suspend temporarily the Spectrum Disorders Awareness Day’’; to the ence of non-citizens caused Michigan and 8 Committee on the Judiciary. other states to lose congressional seats. duty on titanium dioxide anatase; to the Moreover, Michigan was one of 4 states to Committee on Finance. f lose seats directly to the illegal immigrant By Mr. CHAMBLISS: S. 3362. A bill to exempt woven fiberglass havens of California, Texas, New York, and mesh fabric from certain quotas; to the Com- ADDITIONAL COSPONSORS Florida. It is important to realize that mittee on Finance. S. 98 Michigan did not lose a congressional seat By Mr. DEWINE: because its population was in decline. In- At the request of Mr. ALLARD, the S. 3363. A bill to amend title 38, United name of the Senator from Rhode Island stead, legal and illegal immigration caused States Code, to provide for accelerated pay- the population of other states to grow at an ment of survivors’ and dependents’ edu- (Mr. CHAFEE) was added as a cosponsor even faster pace; now, therefore, be it cational assistance for certain programs of of S. 98, a bill to amend the Bank Hold- Resolved by the Senate, That we memori- education, and for other purposes; to the ing Company Act of 1956 and the Re- alize the United States Congress to adopt Committee on Veterans’ Affairs. vised Statutes of the United States to and transmit to the states for ratification an By Mr. NELSON of Nebraska: prohibit financial holding companies amendment to the U.S. Constitution that S. 3364. A bill to authorize appropriate ac- would ensure that apportionment is based on and national banks from engaging, di- tion against Japan for failing to resume the rectly or indirectly, in real estate bro- citizens, and not non-citizens; and be it fur- importation of United States beef in a time- ther ly manner, and for other purposes; to the kerage or real estate management ac- Resolved, That copies of this resolution be Committee on Finance. tivities, and for other purposes. transmitted to the President of the United By Mr. NELSON of Nebraska: S. 185 States Senate, the Speaker of the United S. 3365. A bill to reduce temporarily the At the request of Mr. NELSON of Flor- States House of Representatives, and the duty on Pinoxaden Technical; to the Com- ida, the name of the Senator from members of the Michigan congressional dele- mittee on Finance. gation. By Mr. NELSON of Nebraska: Maine (Ms. COLLINS) was added as a co- S. 3366. A bill to suspend temporarily the sponsor of S. 185, a bill to amend title POM–346. A referendum adopted by the duty on mixtures of tralkoxydim; to the 10, United States Code, to repeal the Town of Perry, Dane County, Wisconsin rel- Committee on Finance. requirement for the reduction of cer- ative to immediate troop withdrawal from By Mr. NELSON of Nebraska: tain Survivor Benefit Plan annuities Iraq; to the Committee on Armed Services, S. 3367. A bill to suspend temporarily the duty on formulations of pinoxaden/ by the amount of dependency and in- f cloquintocet; to the Committee on Finance. demnity compensation and to modify By Mr. NELSON of Nebraska: the effective date for paid-up coverage INTRODUCTION OF BILLS AND S. 3368. A bill to suspend temporarily the under the Survivor Benefit Plan. JOINT RESOLUTIONS duty on Permethrin; to the Committee on S. 420 Finance. The following bills and joint resolu- At the request of Mr. KYL, the name By Mr. NELSON of Nebraska: tions were introduced, read the first S. 3369. A bill to suspend temporarily the of the Senator from Tennessee (Mr. and second times by unanimous con- duty on Metalaxyl-M Technical; to the Com- ALEXANDER) was added as a cosponsor sent, and referred as indicated: mittee on Finance. of

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5431 S. 420, a bill to make the repeal of the S. 1722 (Mrs. BOXER) was added as a cosponsor estate tax permanent. At the request of Ms. MURKOWSKI, the of S. 2393, a bill to amend the Public S. 548 name of the Senator from California Health Service Act to advance medical At the request of Mr. CONRAD, the (Mrs. BOXER) was added as a cosponsor research and treatments into pediatric names of the Senator from Maine (Ms. of S. 1722, a bill to amend the Public cancers, ensure patients and families COLLINS) and the Senator from New Health Service Act to reauthorize and have access to the current treatments York (Mr. SCHUMER) were added as co- extend the Fetal Alcohol Syndrome and information regarding pediatric sponsors of S. 548, a bill to amend the prevention and services program, and cancers, establish a population-based Food Security Act of 1985 to encourage for other purposes. national childhood cancer database, owners and operators of privately held S. 1741 and promote public awareness of pedi- farm, ranch, and forest land to volun- At the request of Mr. VOINOVICH, the atric cancers. tarily make their land available for ac- names of the Senator from Hawaii (Mr. S. 2395 cess by the public under programs ad- AKAKA) and the Senator from New Jer- At the request of Mr. GRASSLEY, the ministered by States and tribal govern- sey (Mr. MENENDEZ) were added as co- names of the Senator from Iowa (Mr. ments. sponsors of S. 1741, a bill to amend the HARKIN) and the Senator from Alaska S. 635 Robert T. Stafford Disaster Relief and (Mr. STEVENS) were added as cospon- Emergency Assistance Act to authorize At the request of Mr. SANTORUM, the sors of S. 2395, a bill to amend title 39, the President to carry out a program names of the Senator from Mississippi United States Code, to require that air for the protection of the health and (Mr. LOTT) and the Senator from South carriers accept as mail shipments cer- safety of residents, workers, volun- Carolina (Mr. GRAHAM) were added as tain live animals. teers, and others in a disaster area. cosponsors of S. 635, a bill to amend S. 2444 S. 1862 title XVIII of the Social Security Act At the request of Mr. AKAKA, the to improve the benefits under the At the request of Mr. SMITH, the name of the Senator from Rhode Island name of the Senator from Nebraska medicare program for beneficiaries (Mr. REED) was added as a cosponsor of with kidney disease, and for other pur- (Mr. HAGEL) was added as a cosponsor S. 2444, a bill to amend the National poses. of S. 1862, a bill to establish a joint en- Dam Safety Program Act to establish a ergy cooperation program within the S. 1110 program to provide grant assistance to Department of Energy to fund eligible At the request of Mr. ALLEN, the States for the rehabilitation and repair ventures between United States and of deficient dams. name of the Senator from Ohio (Mr. Israeli businesses and academic per- S. 2570 DEWINE) was added as a cosponsor of S. sons in the national interest, and for 1110, a bill to amend the Federal Haz- other purposes. At the request of Mr. DEWINE, the ardous Substances Act to require en- name of the Senator from Delaware S. 1907 gine coolant and antifreeze to contain (Mr. BIDEN) was added as a cosponsor of At the request of Mr. JOHNSON, the a bittering agent in order to render the S. 2570, a bill to authorize funds for the name of the Senator from Hawaii (Mr. coolant or antifreeze unpalatable. United States Marshals Service’s Fugi- AKAKA) was added as a cosponsor of S. tive Safe Surrender Program. S. 1272 1907, a bill to promote the development At the request of Mr. NELSON of Ne- of Native American small business con- S. 2599 braska, the name of the Senator from cerns, and for other purposes. At the request of Mr. VITTER, the Colorado (Mr. SALAZAR) was added as a S. 1998 names of the Senator from Montana cosponsor of S. 1272, a bill to amend At the request of Mr. CONRAD, the (Mr. BAUCUS) and the Senator from title 46, United States Code, and title II name of the Senator from New York West Virginia (Mr. BYRD) were added as of the Social Security Act to provide (Mrs. CLINTON) was added as a cospon- cosponsors of S. 2599, a bill to amend benefits to certain individuals who sor of S. 1998, a bill to amend title 18, the Robert T. Stafford Disaster Relief served in the United States merchant United States Code, to enhance protec- and Emergency Assistance Act to pro- marine (including the Army Transport tions relating to the reputation and hibit the confiscation of firearms dur- Service and the Naval Transport Serv- meaning of the Medal of Honor and ing certain national emergencies. ice) during World War II. other military decorations and awards, S. 2614 S. 1522 and for other purposes. At the request of Mr. THUNE, the At the request of Mr. CHAMBLISS, the S. 2178 name of the Senator from Alaska (Ms. name of the Senator from Oklahoma At the request of Mr. SCHUMER, the MURKOWSKI) was added as a cosponsor (Mr. INHOFE) was added as a cosponsor name of the Senator from Michigan of S. 2614, a bill to amend the Solid of S. 1522, a bill to recognize the herit- (Ms. STABENOW) was added as a cospon- Waste Disposal Act to establish a pro- age of hunting and provide opportuni- sor of S. 2178, a bill to make the steal- gram to provide reimbursement for the ties for continued hunting on Federal ing and selling of telephone records a installation of alternative energy re- public land. criminal offense. fueling systems. S. 1537 S. 2292 S. 2691 At the request of Mr. AKAKA, the At the request of Mr. SPECTER, the At the request of Mr. CORNYN, the name of the Senator from New Mexico names of the Senator from South Da- name of the Senator from Texas (Mrs. (Mr. BINGAMAN) was added as a cospon- kota (Mr. JOHNSON) and the Senator HUTCHISON) was added as a cosponsor of sor of S. 1537, a bill to amend title 38, from Delaware (Mr. CARPER) were S. 2691, a bill to amend the Immigra- United States Code, to provide for the added as cosponsors of S. 2292, a bill to tion and Nationality Act to increase establishment of Parkinson’s Disease provide relief for the Federal judiciary competitiveness in the United States, Research Education and Clinical Cen- from excessive rent charges. and for other purposes. ters in the Veterans Health Adminis- S. 2321 S. 2810 tration of the Department of Veterans At the request of Mr. SANTORUM, the At the request of Mr. GRASSLEY, the Affairs and Multiple Sclerosis Centers names of the Senator from Colorado names of the Senator from Massachu- of Excellence. (Mr. ALLARD), the Senator from Colo- setts (Mr. KERRY) and the Senator from S. 1687 rado (Mr. SALAZAR) and the Senator Vermont (Mr. LEAHY) were added as co- At the request of Ms. MIKULSKI, the from Virginia (Mr. WARNER) were added sponsors of S. 2810, a bill to amend title name of the Senator from Massachu- as cosponsors of S. 2321, a bill to re- XVIII of the Social Security Act to setts (Mr. KENNEDY) was added as a co- quire the Secretary of the Treasury to eliminate months in 2006 from the cal- sponsor of S. 1687, a bill to amend the mint coins in commemoration of Louis culation of any late enrollment penalty Public Health Service Act to provide Braille. under the Medicare part D prescription waivers relating to grants for preven- S. 2393 drug program and to provide for addi- tive health measures with respect to At the request of Mr. COLEMAN, the tional funding for State health insur- breast and cervical cancers. name of the Senator from California ance counseling program and area

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5432 CONGRESSIONAL RECORD — SENATE June 5, 2006 agencies on aging, and for other pur- S. 3275 term describing the range of effects that can poses. At the request of Mr. ALLEN, the occur in an individual whose mother drank alcohol during pregnancy; S. 2831 name of the Senator from Montana Whereas fetal alcohol spectrum disorders (Mr. BURNS) was added as a cosponsor At the request of Mr. SPECTER, the are the leading cause of mental retardation name of the Senator from Delaware of S. 3275, a bill to amend title 18, in western civilization, including the United (Mr. BIDEN) was added as a cosponsor of United States code, to provide a na- States, and are 100 percent preventable; S. 2831, a bill to guarantee the free flow tional standard in accordance with Whereas fetal alcohol spectrum disorders of information to the public through a which nonresidents of a State may are a major cause of numerous social dis- free and active press while protecting carry concealed firearms in the State. orders, including learning disabilities, school the right of the public to effective law S.J. RES. 38 failure, juvenile delinquency, homelessness, unemployment, mental illness, and crime; enforcement and the fair administra- At the request of Mr. MCCONNELL, Whereas the incidence rate of fetal alcohol tion of justice. the name of the Senator from Pennsyl- syndrome is estimated at 1 out of 500 live S. 2916 vania (Mr. SPECTER) was added as a co- births and the incidence rate of fetal alcohol At the request of Mrs. CLINTON, the sponsor of S.J. Res. 38, a joint resolu- spectrum disorders is estimated at 1 out of name of the Senator from Washington tion approving the renewal of import every 100 live births; (Mrs. MURRAY) was added as a cospon- restrictions contained in the Burmese Whereas the economic cost of fetal alcohol sor of S. 2916, a bill to amend title XIX Freedom and Democracy Act of 2003, syndrome alone to the Nation was of the Social Security Act to expand and for other purposes. $5,400,000,000 in 2003 and it is estimated that each individual with fetal alcohol syndrome S. RES. 470 access to contraceptive services for will cost taxpayers of the United States be- women and men under the Medicaid At the request of Mr. KERRY, the tween $1,500,000 and $3,000,000 in his or her program, help low income women and name of the Senator from New Jersey lifetime; couples prevent unintended preg- (Mr. LAUTENBERG) was added as a co- Whereas, in February 1999, a small group of nancies and reduce abortion, and for sponsor of S. Res. 470, a resolution pro- parents of children who suffer from fetal al- other purposes. moting a comprehensive political cohol spectrum disorders came together with the hope that in 1 magic moment the world S. 2970 agreement in Iraq. could be made aware of the devastating con- At the request of Mr. KERRY, the S. RES. 492 sequences of alcohol consumption during name of the Senator from Connecticut At the request of Mr. BAUCUS, the pregnancy; (Mr. LIEBERMAN) was added as a co- name of the Senator from Wisconsin Whereas the first International Fetal Alco- sponsor of S. 2970, a bill to require the (Mr. FEINGOLD) was added as a cospon- hol Syndrome Awareness Day was observed Secretary of Veterans Affairs to pro- sor of S. Res. 492, a resolution to on September 9, 1999; vide free credit monitoring and credit amend the Standing Rules of the Sen- Whereas Bonnie Buxton of Toronto, Can- reports for veterans and others affected ate to prohibit Members from using ada, the co-founder of the first International Fetal Alcohol Syndrome Awareness Day, by the theft of veterans’ personal data, charitable foundations for personal asked ‘‘What if...a world full of FAS/E to ensure that such persons are appro- gain. [Fetal Alcohol Syndrome/Effect] parents all priately notified of such thefts, and for S. RES. 493 got together on the ninth hour of the ninth other purposes. At the request of Mr. DEWINE, the day of the ninth month of the year and asked S. 2990 name of the Senator from New York the world to remember that during the 9 months of pregnancy a woman should not At the request of Mr. VITTER, the (Mr. SCHUMER) was added as a cospon- consume alcohol...would the rest of the name of the Senator from Texas (Mr. sor of S. Res. 493, a resolution calling world listen?’’; and CORNYN) was added as a cosponsor of S. on the Government of the United King- Whereas on the ninth day of the ninth 2990, a bill to amend title XVIII of the dom to establish immediately a full, month of each year since 1999, communities Social Security Act to restore finan- independent, public judicial inquiry around the world have observed Inter- cial stability to Medicare anesthesi- into the murder of Northern Ireland de- national Fetal Alcohol Syndrome Awareness ology teaching programs for resident fense attorney Pat Finucane, as rec- Day: Now, therefore, be it physicians. ommended by international Judge Resolved, That the Senate— S. 3033 Peter Cory as part of the Western Park (1) designates September 9, 2006, as ‘‘Na- tional Fetal Alcohol Spectrum Disorders At the request of Mr. DEWINE, the agreement and a way forward for the Northern Ireland Peace Process. Awareness Day’’; and name of the Senator from Ohio (Mr. (2) calls upon the people of the United S. RES. 495 VOINOVICH) was added as a cosponsor of States— S. 3033, a bill to suspend temporarily At the request of Mr. GRASSLEY, the (A) to observe National Fetal Alcohol the duty on Methylionone. names of the Senator from Indiana Spectrum Disorders Awareness Day with ap- S. 3035 (Mr. LUGAR) and the Senator from New propriate ceremonies— (i) to promote awareness of the effects of At the request of Mr. SMITH, the Jersey (Mr. MENENDEZ) were added as prenatal exposure to alcohol; name of the Senator from Washington cosponsors of S. Res. 495, a resolution designating June 8, 2006, as the day of (ii) to increase compassion for individuals (Ms. CANTWELL) was added as a cospon- affected by prenatal exposure to alcohol; sor of S. 3035, a bill to direct the Sec- a National Vigil for Lost Promise. (iii) to minimize further effects of prenatal retary of the Interior to conduct a f exposure to alcohol; and study to determine the feasibility of SUBMITTED RESOLUTIONS (iv) to ensure healthier communities establishing the Columbia-Pacific Na- across the United States; and tional Heritage Area in the States of (B) to observe a moment of reflection on Washington and Oregon, and for other SENATE RESOLUTION 499—DESIG- the ninth hour of September 9, 2006, to re- member that during the 9 months of preg- purposes. NATING SEPTEMBER 9, 2006, AS nancy a woman should not consume alcohol. S. 3176 ‘‘NATIONAL FETAL ALCOHOL At the request of Mr. ROCKEFELLER, SPECTRUM DISORDERS AWARE- f the names of the Senator from NESS DAY’’ Vermont (Mr. LEAHY) and the Senator Ms. MURKOWSKI (for herself, Mr. PRIVILEGES OF THE FLOOR from Michigan (Ms. STABENOW) were JOHNSON, Mr. COLEMAN, Mr. DODD, Mr. added as cosponsors of S. 3176, a bill to DURBIN, Mrs. MURRAY, and Mr. STE- Mr. CORNYN. Mr. President, I ask protect the privacy of veterans and VENS) submitted the following resolu- unanimous consent that a law clerk on spouses of veterans affected by the se- tion; which was referred to the Com- my staff, Andrea Bouressa, be given curity breach at the Department of mittee on the Judiciary: floor privileges for the duration of the Veterans Affairs on May 3, 2006, and for S. RES. 499 debate on S.J. Res. 1, the marriage other purposes. Whereas the term ‘‘fetal alcohol spectrum amendment. At the request of Mr. BAUCUS, his disorders’’ includes a broader range of condi- name was added as a cosponsor of S. tions and therefore has replaced the term The PRESIDING OFFICER. Without 3176, supra. ‘‘fetal alcohol syndrome’’ as the umbrella objection, it is so ordered.

VerDate Mar 15 2010 23:36 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2006SENATE\S05JN6.REC S05JN6 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 5, 2006 CONGRESSIONAL RECORD — SENATE S5433 MEASURES PLACED ON THE CAL- 2:15 p.m. to 2:30 p.m. equally divided be- METROPOLITAN WASHINGTON AIRPORTS AUTHORITY FOR A TERM EXPIRING MAY 30, 2012. (REAPPOINTMENT) ENDAR—S. 3274, H.R. 5235, H.R. tween the majority and the minority; 5311, H.R. 5403, AND H.R. 5429 2:30 p.m. to 3 p.m., minority control; 3 IN THE AIR FORCE p.m. to 4 p.m., majority control; 4 p.m. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED Mr. MCCONNELL. Mr. President, I STATES OFFICERS FOR APPOINTMENT IN THE RESERVE understand there are five bills at the to 5 p.m., minority control; 5 p.m. to OF THE AIR FORCE TO THE GRADES INDICATED UNDER desk due for a second reading. 5:30 p.m., majority control; 5:30 p.m. to TITLE 10, U.S.C., SECTION 12203: The PRESIDING OFFICER. The 6 p.m., minority control. I further ask To be major general unanimous consent that the Senate clerk will report the bills by title. BRIGADIER GENERAL ROBERT B. BAILEY, 0000 The bill clerk read as follows: stand in recess from 12:30 p.m. to 2:15 BRIGADIER GENERAL WILLIAM H. ETTER, 0000 p.m. to accommodate the weekly pol- BRIGADIER GENERAL DOUGLAS M. PIERCE, 0000 A bill (S. 3274) to create a fair and efficient BRIGADIER GENERAL JOSE M. PORTELA, 0000 icy luncheons. BRIGADIER GENERAL DONALD J. QUENNEVILLE, 0000 system to resolve claims of victims for bod- BRIGADIER GENERAL DAVID A. SPRENKLE, 0000 ily injury caused by asbestos exposure, and The PRESIDING OFFICER. Without for other purposes. objection, it is so ordered. To be brigadier general A bill (H.R. 5235) to prohibit price gouging f COLONEL STEVEN L. ADAMS, 0000 in the sale of gasoline, diesel fuel, crude oil, COLONEL ROBERT L. BOGGS, 0000 PROGRAM COLONEL PETER A. BONANNI, 0000 and home heating oil, and for other purposes. COLONEL TIMOTHY J. CARROLL, 0000 A bill (H.R. 5311) to establish the Upper Mr. MCCONNELL. Mr. President, COLONEL TIMOTHY J. COSSALTER, 0000 Housatonic Valley National Heritage Area. today we continued debate on the mo- COLONEL MICHAEL L. CUNNIFF, 0000 A bill (H.R. 5403) to improve protections COLONEL JAMES E., DANIEL, JR. 0000 tion to proceed to the marriage protec- COLONEL JOHN M. DEL TORO, 0000 for children and to hold States accountable tion amendment. Tomorrow we will COLONEL GREGORY A. FICK, 0000 for the safe and timely placement of children continue debate in an orderly fashion, COLONEL STEVEN J. FILO, 0000 across State lines, and for other purposes. COLONEL ROBERT V. FITCH, 0000 with the time divided between the ma- COLONEL WILLIAM E. HUDSON, 0000 A bill (H.R. 5429) to direct the Secretary of COLONEL CORA M. JACKSON-CHANDLER, 0000 the Interior to establish and implement a jority and minority. Moments ago on COLONEL RICHARD W. JOHNSON, 0000 competitive oil and gas leasing program that behalf of the leader, I filed a cloture COLONEL GARY T. MAGONIGLE, 0000 COLONEL CRAIG D. MCCORD, 0000 will result in an environmentally sound pro- motion on the motion to proceed to COLONEL KELLY K. MCKEAGUE, 0000 gram for the exploration, development, and this issue. The vote will occur on COLONEL THOMAS R. MOORE, 0000 production of the oil and gas resources of the COLONEL JOHN D. OWEN, 0000 Wednesday, and we will lock in a time COLONEL DEBORAH S. ROSE, 0000 Coastal Plain of Alaska, and for other pur- certain for that vote sometime during COLONEL GREGORY J. SCHWAB, 0000 poses. COLONEL JONATHAN T. TREACY, 0000 tomorrow’s session. The first vote of COLONEL CHARLES E., TUCKER, JR. 0000 Mr. MCCONNELL. Mr. President, in the week then will occur tomorrow at COLONEL ROY E. UPTEGRAFF, III 0000 order to place the bills on the calendar COLONEL EDWIN A., VINCENT, JR. 0000 10:20 a.m. on a district court nomina- COLONEL JAMES C. WITHAM, 0000 under the provisions of rule XIV, I ob- tion. As I mentioned this morning, ject to further proceedings en bloc. there will be a joint meeting Wednes- IN THE ARMY The PRESIDING OFFICER. Without day morning at 11 a.m. in the House. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED objection, the measures are objected to We will hear from the President of Lat- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND en bloc. They will be placed on the cal- via who will address a joint meeting of RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: endar. Congress. Senators will leave this To be lieutenant general f Chamber at 10:40 a.m. to walk to the MAJ. GEN. THOMAS R. TURNER II, 0000 Hall of the House of Representatives in THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ORDERS FOR TUESDAY, JUNE 6, order to hear that address. IN THE UNITED STATES ARMY TO THE GRADE INDICATED 2006 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND f RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Mr. MCCONNELL. Mr. President, I ask unanimous consent that when the ADJOURNMENT UNTIL 9:45 A.M. To be lieutenant general Senate completes its business today, it TOMORROW MAJ. GEN. KEVIN T. CAMPBELL, 0000 stand in adjournment until 9:45 a.m., Mr. MCCONNELL. Mr. President, if IN THE NAVY Tuesday, June 6. I further ask that fol- there is no further business to come be- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT lowing the prayer and the pledge, the fore the Senate, I ask unanimous con- IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND morning hour be deemed expired, the sent that it stand in adjournment RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Journal of proceedings be approved to under the previous order. To be vice admiral date, the time for the two leaders be There being no objection, the Senate, reserved, and the Senate proceed to ex- at 6:05 p.m., adjourned until Tuesday, REAR ADM. WILLIAM D. SULLIVAN, 0000 ecutive session for the consideration of June 6, 2006, at 9:45 a.m. IN THE AIR FORCE the nomination of Renee Marie Bumb, f THE FOLLOWING NAMED INDIVIDUAL IN THE GRADE IN- with all the time until 10:20 a.m. equal- DICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, NOMINATIONS U.S.C., SECTION 531(A): ly divided between the two managers or their designees, and that the Senate Executive nominations received by To be lieutenant colonel then proceed to a vote as under the the Senate June 5, 2006: LEONARD S. WILLIAMS, 0000 previous order. DEPARTMENT OF DEFENSE IN THE ARMY DAVID H. LAUFMAN, OF TEXAS, TO BE INSPECTOR GEN- The PRESIDING OFFICER. Without THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR ERAL, DEPARTMENT OF DEFENSE, VICE JOSEPH E. APPOINTMENT IN THE GRADES INDICATED IN THE objection, it is so ordered. SCHMITZ, RESIGNED. UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, Mr. MCCONNELL. Mr. President, I DEPARTMENT OF TRANSPORTATION U.S.C., SECTIONS 531 AND 3064: further ask unanimous consent that CHARLES D. NOTTINGHAM, OF VIRGINIA, TO BE A MEM- To be colonel following the vote, the Senate resume BER OF THE SURFACE TRANSPORTATION BOARD FOR A TERM EXPIRING DECEMBER 31, 2010, VICE ROGER P. VICTOR CATULLO, 0000 consideration of the motion to proceed NOBER, TERM EXPIRED. JUAN DEROJAS, 0000 to S.J. Res. 1, with the time controlled HOPE HACKER, 0000 METROPOLITAN WASHINGTON AIRPORTS BARBARA SCHIBLY, 0000 as follows: 11 a.m. to 12 p.m. under the AUTHORITY control of the majority; 12 p.m. to 12:30 To be lieutenant colonel CHARLES DARWIN SNELLING, OF PENNSYLVANIA, TO p.m. under the control of the minority; BE A MEMBER OF THE BOARD OF DIRECTORS OF THE PAUL BRISSON, 0000

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