S7952 CONGRESSIONAL RECORD — SENATE July 13, 2004 To fix this problem, Senator FEIN- close to the intelligence process to pro- things. No. 1, we want to define mar- STEIN and I are about to propose legis- vide an objective view of what really riage as the union of a man and a lation that will establish a Director of needs to be classified. Consequently, I woman. No. 2, we want to restrict the National Intelligence—or DNI. The DNI am working with Senator WYDEN to action of the court’s ability to define will be a Cabinet-level position that propose legislation that will establish a marriage. Then, No. 3—and perhaps the will lead the intelligence community, small independent group under the most important part of this debate—we and be responsible for aggregating in- President that will review documents want to give the American people an telligence for the President. such as this report to ensure that clas- opportunity to debate this through As for the specific processes that cry sification decisions are independent their elected representatives in the out for reform, the report focuses on and objective. In addition, I urge the Congress here and in the State legisla- two in particular. One, layering of un- President to nominate as soon as pos- tures. certain conclusions—judgments were sible a candidate to serve as the Direc- It has been a grassroots type of proc- layered upon other judgments, and spe- tor for Central Intelligence. ess from the bottom up. We have heard cific concerns and uncertainties were This is a critical time of this Nation a lot of concerns from people all over simply lost; two, group think—because as we fight the global war on ter- America about the way the courts are we knew Saddam Hussein had weapons rorism, and we need to have effective dealing with the issue of marriage and of mass destruction, and used them on leadership in-place at the CIA as soon their frustrations in not being able to his people, any data that appeared to as possible. As we make progress in fix- address this issue. support this continued behavior was ing the intelligence community, I re- We heard a lot of good comments viewed favorably, and dissenting data peat my call to both sides of the aisle from some of my colleagues yesterday was discounted or underreported. to not politicize the issues or the pro- in debating the marriage amendment. Those ‘‘process’’ types of deficiencies spective remedies. We owe it to the In favor, we have had Senators HATCH, quickly lead one to ask: How can the American people and to the members of SANTORUM, SMITH, FRIST, BUNNING, intelligence community provide better the intelligence community to fix the KYL, CORNYN, SESSIONS, LOTT, and oversight and supervision of ‘‘expert’’ fundamental problems outlined in this BROWNBACK—all explaining why it is analysts; and how can the Congress report, and create an intelligence com- important that we move forward in provide more effective oversight of the munity that can best serve the na- passing this amendment. intelligence community? There are tional security interests of the United We have heard pretty much proce- clearly process reforms needed within States. dural arguments from the other side. the intelligence community, and We are part of the problem. Let’s find Our side was talking about their con- Congress’s oversight of that commu- the solution. cern about losing the institution of nity. I yield the floor. marriage, that it is basically a funda- I know that Chairman ROBERTS and f mental building block of society, and if Vice Chairman ROCKEFELLER, are very we want democracies such as the CONCLUSION OF MORNING concerned that our intelligence com- United States to survive, we need to BUSINESS munity is broken, and are committed have good, functioning families. If fam- to taking action in the coming weeks The PRESIDING OFFICER. Morning ilies do well, children do well. We will and month to address many of the business is closed. hear more about that today. Then we most critical deficiencies. f will hear about the democratic process With particular regard to congres- in which we allow American citizens to sional oversight, I believe that there FEDERAL MARRIAGE AMEND- participate. This is the essence of what are some fundamental things that need MENT—MOTION TO PROCEED we were talking about yesterday and to be changed such as term limits of The PRESIDING OFFICER. Under the inevitability of what is going to committee members. Currently, mem- the previous order, the Senate will re- happen through our courts, that there bers can only serve on the Senate In- sume consideration of the motion to is a master plan out there from those telligence Committee for 8 years. That proceed to S.J. Res. 40, which the clerk who want to destroy the institution of means that when they know enough to will report. be conversant in the intelligence busi- The assistant legislative clerk read marriage to, first, begin to take this ness, they need to rotate off of the as follows: issue to a few select courts throughout committee. We need intelligence com- this country at the State level. A motion to proceed to consideration of We begin to see this in States such as mittee members who can speak the Senate Joint Resolution 40, a joint resolu- lingo and understand the processes. tion proposing an amendment to the Con- Vermont and Massachusetts and a Consequently, term limits need to be stitution of the United States relating to number of other States, and then pro- eliminated. marriage. ceed up through the States; and once Also, the jurisdiction of the Intel- The PRESIDING OFFICER. Under they get favorable rulings from a few ligence Committee regarding classified the previous order, the time until 8 courts that are dominated pretty much matter is sometimes muddied due to p.m. shall be equally divided between by activist judges and judges who want overlap with the Armed Services Com- the chairman and ranking member or to ignore the tradition of marriage for mittee. I submit that a simplified ap- their designees. thousands of years, and want to bypass proach to jurisdiction could enhance The Senator from Colorado. the legislative process—then once they oversight and accountability. Mr. ALLARD. Mr. President, I take have established their basis, they want The process of document classifica- this opportunity, before we continue to take it to the Federal courts, and tion and redaction also needs to be re- with the debate, to talk about how im- they will eventually move it to the Su- viewed. When the Intelligence Com- portant it is that we debate in an ear- preme Court. mittee first prepared this report, the nest and sincere way the issue of mar- We heard arguments yesterday about CIA recommended that about half of it riage. Marriage does matter. It is im- how Members of this Congress and con- be redacted. I understand the need to portant to the American people. stitutional scholars believe that the protect the names of sources and intel- We heard earlier comments about Supreme Court—if it reaches the Su- ligence methods. But I can tell you how bringing up issues such as class ac- preme Court—by a very slim majority that most of those redactions were not tion lawsuits, the marriage amend- is probably prone to rule in a way that of that nature; they were everyday, un- ment, and trade were just wasting the would eliminate the traditional family classified words. Congress’s time. Yet the other side as we know it. The report you see today is less than doesn’t think it is a waste of time to So this is an important issue. It is a 20 percent redacted, and the Intel- raise taxes, to increase more laws so very timely issue. We have 46 States ligence Committee is still working we have fewer and fewer rights, to re- that have individuals living in them— with the CIA to release more of the re- strict the free enterprise system, and at least 46—who have same-sex mar- port. in a sense create more government. riage licenses. They have been granted Notwithstanding, it is my belief that In the debate on marriage, we are them as a couple through either Massa- in matters such as these, the CIA is too trying to accomplish a number of chusetts or Oregon or California. We

VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JY6.005 S13PT1 July 13, 2004 CONGRESSIONAL RECORD — SENATE S7953 have 11 States that have had court This is no minor change, or slight adjust- from a dozen Massachusetts towns and an- cases filed in them today. So the plat- ment. It is a fundamental break with all of other from several same-sex couples from form for action from those who favor our laws, experiences and traditions. Maine, New Hampshire, New York, Rhode Is- same-sex marriages has been well es- When some in the state Senate asked land and Connecticut. The couples argue whether a ‘‘civil unions’’ bill would satisfy that this new right is so powerful that deny- tablished. the ruling, the Court rejected the alter- ing it to non-residents violates the Massa- Now, in reaction to that, we have native, writing that traditional marriage chusetts constitution, as well as the Privi- some 48 States that have laws they amounts to ‘‘invidious discrimination’’ and leges and Immunities Clause of the U.S. Con- have passed supporting traditional that ‘‘no amount of tinkering would remove stitution. marriage—that being a union between that stain.’’ With the inauguration of same-sex mar- a man and a woman. At least 10 States In response, our legislature proposed a con- riages, a plethora of legal and regulatory have constitutional amendments on stitutional amendment that ‘‘only the union issues are now arising. Although we will the ballot. We have at least 3 States of one man and one woman shall be valid or eventually be able to sort these issues out, it will take time. And, more importantly, we still gathering petitions. So more than recognized as a marriage in Massachusetts,’’ and establishing civil unions for same-sex must move through many of these issues 20 percent of the States have constitu- couples. While I do not think civil unions without the benefit of adequate time for full tional amendments that will be pend- should be written into the constitution, the consideration of all the impacts. I expect ing before them as we move into the main and laudable effect of the amendment that we will continue to see new issues aris- election cycle. would be to overturn the Court’s decision. ing for the foreseeable future as the Com- Mr. President, I am sympathetic to This was the first step in the legitimate monwealth struggles to understand all the this idea of federalism. I am sympa- process, by which the representatives of the changes that will now be sought due to this thetic to the idea that we need to pro- people turn to the sovereign people to decide judicial ruling. this momentous issue. But it takes time to A number of the issues we are now review- tect the definition of the traditional ing relate to state benefits. In some cases, family. Federalism does not demand amend the constitution in Massachusetts. The legislature must pass this amendment we have been in contact with the federal gov- that we redefine the family. More im- again, and then it would be submitted to the ernment to understand their position on the portant, it does not demand that we people for consideration. eligibility for benefits that are provided by stand idly by while the courts redefine Because it will take time to follow the the state but funded by the federal govern- marriage for us, without giving us an process of constitutional amendment in the ment. For example, we have been told that opportunity to act. Commonwealth, I asked the Massachusetts we cannot use federal funds to provide meals This is an important issue, and it is Attorney General to call for the Court to for an elderly same-sex spouse if the person’s very timely that we have this debate withhold their pronouncement until the peo- eligibility for the services is due to their ple could consider the question, so that they spousal status. We have not heard yet from today in the Senate, a debate in which the Veterans Administration as to whether we try to define marriage and limit the would not be excluded from a decision as fun- damental to our societal well-being as the we can bury two same-sex spouses at our rule of the Federal court and we allow definition of marriage. He declined to do so. state Veterans cemeteries. Medicaid is a par- States, through a democratic process, Several last minute challenges to the deci- ticularly interesting situation. Under our to proceed as they see fit toward pro- sion were also summarily rejected. state laws, we use federal income eligibility viding benefits through civil unions or So, as a result, on May 17, the Common- guidelines. In this case, since the marriage is domestic partnerships. Marriage sim- wealth of Massachusetts began issuing mar- not recognized by the federal government, ply should not be left to the courts riage licenses to persons of the same sex. the person will be deemed eligible for Med- alone. These licenses are valid for up to 60 days and icaid based on their individual income, not In my view, a large majority of are filed with the State Department of Pub- their two-spouse income. And, CMS has con- lic Health two months after a marriage has firmed that federal matching funds will be Americans are with us. Marriage mat- taken place. Therefore, we do not have offi- available in this instance. However, if the ters. It matters to children and it is a cial statistics and information yet from our person is eligible for Medicaid due to their societal building block. Department of Public Health. However, the spousal relationship, federal matching funds I had an opportunity to review the Boston Globe recently surveyed the 351 cities cannot be used since the federal government testimony of Governor Romney from and towns in Massachusetts and the results does not recognize the marriage. Similarly, Massachusetts. I ask unanimous con- of their survey do provide some information CMS has notified us that federal transfer of sent that his testimony be printed in on the activity since May 17. asset rules regarding spouses will not apply, According to the Globe, in the first week the RECORD as it was presented to the nor will spousal impoverishment provisions that the issuance of marriage licenses to apply, to same sex spouses. Committee on the Judiciary. same-sex couples became legal, over 2,400 There are other very troubling issues. We There being no objection, the mate- such licenses were issued. The vast majority now must consider whether to amend our rial was ordered to be printed in the of these licenses were issued to Massachu- birth registration process, which currently RECORD, as follows: setts residents, because our state does have a requires the name of a mother and a father. TESTIMONY OF HON. MITT ROMNEY law which prohibits couples from entering Should we change our birth registration doc- Chairman Hatch, Senator Leahy, Senator into valid marriages in Massachusetts if ument to read ‘‘Parent A’’ and ‘‘Parent B’’? Kennedy, distinguished members of the com- there is an impediment to marriage in their What impact would this have on child sup- mittee, thank you for inviting me to testify home state. Applicants are required to sign a port enforcement, considering that birth cer- today. form signifying their intent to reside in Mas- tificates are a critical tool that are used to As you all know, last November a divided sachusetts in order to receive a license. find and force absentee fathers to provide Massachusetts Supreme Judicial Court refor- Originally, we were aware of six commu- child support. mulated the definition of marriage according nities where the clerks refused to honor that A number of legal issues are expected re- to their interpretation of the Massachusetts law. The Globe reports that at least 164 out- lated to divorce and inheritance rights, par- Constitution. of-state couples, from 27 states and Wash- ticularly regarding those couples who move As I am sure you also know, I believe that ington, DC, were issued licenses by these out of Massachusetts to states where their decision was wrong. Marriage is not ‘‘an clerks. 56 of those couples specified on their marriage is not recognized. The private sec- evolving paradigm,’’ as the Court said, but is application that they do not intend to move tor is also beginning to grapple with rami- a fundamental and universal social institu- to Massachusetts. For those couples whose fications of this change. We have been told tion that bears a real and substantial rela- unions would not be recognized in their anecdotally that some companies may be tion to the public health, safety, morals, and home state, according to Massachusetts law, dropping domestic partnership benefits now general welfare of all of the people of Massa- their marriage is null and void. that same-sex couples can wed, thus elimi- chusetts. At my request, the Attorney General di- nating a benefit that was available in the The Court said that the traditional idea of rected the city and town clerks to comply past. Pension issues are also expected to marriage ‘‘is rooted in persistent prejudices’’ with the existing Massachusetts law, and it arise, particularly for surviving spouses who and ‘‘works a deep and scarring hardship on is my understanding that currently, all the do not meet the requirement for number of a very real segment of the community for no cities and towns are in compliance. Legisla- years married when marriage was not legal rational reason.’’ Marriage is ‘‘a caste-like tion is pending in the Massachusetts legisla- prior to May 17. system,’’ added the concurrence, defended by ture which would repeal this residency law These issues will not be confined to Massa- nothing more than a ‘‘mantra of tradition.’’ and, although it has passed the Senate, it chusetts alone. Our state’s borders are po- And so the Court simply redefined mar- doesn’t appear likely to pass the House in rous. Citizens of our state will travel and riage, and, based on their reading of the Mas- the short period remaining before adjourn- may face sickness and injury in other states. sachusetts Constitution, declared that ‘‘the ment. In those cases, their spousal relationship right to marry means little if it does not in- Nevertheless, other actions are underway may not be recognized, and it would be like- clude the right to marry the person of one’s to eliminate the residency requirement. Two ly that litigation would result. Massachu- choice.’’ suits have been filed against this law, one setts residents will move to other states, and

VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JY6.022 S13PT1 S7954 CONGRESSIONAL RECORD — SENATE July 13, 2004 thus issues related to property rights, em- in that more and more children are That is where Senator SMITH has ployer benefits, inheritance, and many oth- born out of wedlock. In fact, if you come in with his proposal, and actually ers will arise. It is not possible for the issue look at the figures today in some of the he does it at the request of myself and to remain solely a Massachusetts issue; it Scandinavian countries, well over 50 other Members of the Senate because must now be confronted on a national basis. We need an amendment that restores and percent of their children are born out we are working for a consensus. That is protects our societal definition of marriage, of wedlock. We looked, more recently, what the Senate is all about. So I hope blocks judges from changing that definition at what has happened to the Nether- that we can get serious participation and then, consistent with the principles of lands—a country which traditionally, from the other side in the debate on federalism, leaves other policy issues regard- before 5 years ago, had a very strong this floor; we do have a number of Sen- ing marriage to state legislatures. record as far as children being born in ators on the Republican side who want The real threat to the states is not the wedlock, a country that promoted the to continue to talk about how impor- constitutional amendment process, in which idea of traditional marriage. But they the states participate, but activist judges tant marriage is. have changed; they changed the defini- So my hope is that we can move for- who disregard the law and redefine marriage tion of marriage, and they allow same- in order to impose their will on the states, ward in a civilized and thoughtful man- and on the whole nation. sex marriage. They are seeing that now ner on how important traditional mar- At this point, the only way to reestablish there is an alarming increase in the riage is to America, and to give the the status quo ante is to preserve the defini- number of children that are born out of American people an opportunity to tion of marriage in the federal constitution wedlock. participate. before courts redefine it out of existence. We are faced with a challenge from I yield the floor. Congress has been gathering evidence and the courts that will fundamentally The PRESIDING OFFICER. The Sen- considering testimony about the need for a change this society in America if the constitutional amendment to protect mar- ator from California. Congress does not act. We heard argu- Mrs. BOXER. Mr. President, I am riage. The time fast approaches for debate, ments yesterday about the Goodridge and then decision. glad to hear Senator ALLARD say he The decision you will make will determine case in Massachusetts and Lawrence v. welcomes the debate because that is whether the American people will be allowed Texas, using the privacy issue, com- the reason I came to the Senate floor to have a say in this matter, or whether the bined with the good faith and credit today: to debate this issue. As someone courts will decide this matter for them. laws of the Constitution, and how the who has been married 42 years, as a At the heart of American democracy is the courts are setting the groundwork to Democratic woman, I believe I can talk principle that the most fundamental deci- overturn what traditional marriage sions in society should ultimately be decided about marriage and what we need to do means in the United States. to strengthen marriage. by the people themselves. Surely the defini- So it is very appropriate that we tion of society’s core institution, marriage, Unfortunately, there is not one item have this debate now. It is very appro- on the table here that strengthens is such a decision. priate that we have a full debate. I Let me conclude with this point: Despite marriage and helps people stay mar- have been rather disappointed that we the warning signs, the Massachusetts Legis- ried, that helps the family, and that is have not had more actual debate on the lation hesitated, and refused to act. But the going to be part of what I talk about. meaning of marriage from the other court had no such reluctance, and acted deci- It is interesting that Senator ALLARD side. We have had debate about proce- sively. Now on the defensive, the legislature said there is a great difference between has begun the long and difficult process of dure, and I think there is a frustration Republicans and Democrats on this amending the Constitution to undo what the about procedure. But I want the Amer- issue. I beg to differ with him. You can- Court has done. But it may soon be too late. ican people to understand that there is not say you stand and speak for all Re- This is what happened in Massachusetts. It a fundamental difference between the is in your hands to determine whether or not publicans today. In the ‘‘Roll Call,’’ it way Republicans do business and the this will be the fate of the nation. says: Democrats do business. We believe in a Mr. ALLARD. Mr. President, if you bottom-up approach. So we work for a True Conservatives Oppose the Federal Marriage Amendment. read carefully through his testimony, consensus. I spent a long time at the he talks about the fundamental change very start of this process looking at a George Will: that is happening in Massachusetts and number of proposals on how we are Amending the Constitution to define mar- many of the issues that he as a Gov- going to amend the Constitution, riage as between a man and a woman would ernor in a State that has a court that be unwise for two reasons. working with grassroots groups and Constitutionalizing social policy is generally actually went contrary to the wishes of with my colleagues, and working with the legislature to redefine marriage as a misuse of fundamental law. And it would constitutional scholars. be especially imprudent to end state respon- something different than a union of a We eventually came up with a con- sibility for marriage law at a moment when man and a woman. He talked about the clusion, with the Judiciary Committee we require evidence of the sort that can be effect that this redefinition is having putting the final touches on the generated by allowing the states to be lab- on such basic programs as meals for amendment, that the kind of language oratories of social policy. the elderly and veterans and spousal we need is what is now embodied in the That is George Will, a Republican benefits, burial rights, Medicaid, birth amendment that is up before the Sen- syndicated conservative columnist. registration process, child support en- ate today for debate. This is where we Then we have Lynne Cheney, wife of forcement, inheritance, private sector, developed the consensus. When you de- DICK CHENEY, a Republican: how employees are struggling with this velop a consensus, that doesn’t mean I thought that the formula [Dick Cheney] particular issue. He makes a very im- other ideas cannot come forward. As used in 2000 was very good. First of all, to be portant point that States are porous. we strive, then, the next step is to clear that people should be free to enter into So what is going on in Massachusetts strive for consensus on the Senate their relationships that they choose. And, has the potential to have an impact on floor. I have been working personally secondly, to recognize what’s historically other States, particularly if this gets been the situation, that when it comes to with Senator GORDON SMITH from Or- conferring legal status on relationships, that to the U.S. Supreme Court, or we find egon. He and I have been working to- is a matter left to the states. the U.S. Supreme Court deciding to gether to strive for consensus. That is none other than Lynne Che- overrule DOMA, the Defense of Mar- So this idea that all of a sudden we ney, the wife of the Republican Vice riage Act, and decide that somehow or would just deal with the first sentence President, a Republican herself and other it is unconstitutional. in this amendment is not anything Many of us have looked at what has conservative. that is an unexpected result on this Then there is Bob Barr, former Con- happened in other countries where they side because we recognize that perhaps gressman from Georgia and author of have liberalized the marriage laws, maybe we cannot get an ideal amend- the Defense of Marriage Act: particularly the Scandinavian coun- ment to move forward, perhaps maybe tries and the Netherlands. In the Scan- Marriage is a quintessential state issue. we have to work toward another The Defense of Marriage Act goes as far as is dinavian countries, for example, for a version of the amendment that I have necessary in codifying the federal legal sta- number of years they have recognized introduced that would allow for us to tus and parameters of marriage. A constitu- same-sex marriage. As a result of that, establish a consensus on the Senate tional amendment is both unnecessary and there has been a very disturbing trend floor. needlessly intrusive and punitive.

VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JY6.004 S13PT1 July 13, 2004 CONGRESSIONAL RECORD — SENATE S7955 Bob Barr. may be listening to this debate: What pears to me there was pressure brought Senator Alan Simpson, a former Sen- is more important to you, what is more to bear to skew that intelligence, and ator from Wyoming, Republican con- a threat to you—al-Qaida moving for- that is the next phase of our inquiry servative: ward with its plans to carry out a that we will go into. A federal amendment to define marriage large-scale attack in America to dis- What kind of pressure was put on would do nothing to strengthen families— rupt our democratic process or two people to come up with an opinion? just the opposite. And it would unnecessarily people who happen to be of the same How does that relate to all of this? Be- undermine one of the core principles I have gender moving in together down your cause we are not talking about ways to always believed the GOP stood for: fed- street? stop al-Qaida. We are not talking about eralism. Let us be honest. However we feel ways to fix our intelligence. We are That is Alan Simpson, a former Re- about gay marriage or civil unions or talking about amending the Constitu- publican Senator. domestic partnerships, however we feel tion of the United States, which is a Then Lyn Nofziger, former White on those matters, what is more of a very serious thing to do. It has hardly House Press Secretary and assistant to threat to you and your family? You been done in the history of our Nation. President Ronald Reagan, a Repub- need to ask that question, put aside Our forefathers were brilliant about lican: politics, and whatever answer you making a constitution that is so flexi- There are two kind of amendments. One come up with, I have to believe most ble that we do not have to amend it kind would give the federal government would say al-Qaida, not Mary and Carol every other day, but that is what we more authority, usually at the expense of or Jim and Carl, but al-Qaida, people are doing about two people of the same the states, and broaden its intrusions into whose names we do not know. gender who may want to care about the lives of its citizens. These include— That is the first thing that happened each other. That is what we are doing And he lists the ones with which he last week. What else happened. A new today. That is what we did yesterday. disagrees, with which I do not agree. report was released showing that the That is what we did Friday. That is He says the equal rights amendment intelligence of our country is in dis- what we will do tomorrow. If the Sen- would do that. He also says that pro- array, intelligence we relied upon, in- ate proceeds, that is what we will do posals to ban same-sex marriage and telligence that was used to make the for the immediate future. abortion would violate federalism. case for war where more than 800 of our I hope the Senate will not proceed to He says: beautiful Americans are dead and 5,000 it with all that we have to do. I favor neither of the latter two but I op- or more of them are injured, some There is a third thing that happened. pose constitutional amendments that would without legs, some without arms, some In addition to being warned by Tom ban them. who will never be the same, most of Ridge, in addition to being told by a bi- In other words, he agrees that gay whom will never be the same. partisan committee that our intel- marriage is not what he supports, but What is more important to America ligence is in disarray in this country, he does not believe in this constitu- today? Fixing the intelligence prob- there is something else new. We have tional amendment. lem—we do not even have a head of the news yesterday that discussions are Mr. President, I say to Members of CIA; maybe it is time we thought being held within this administration the Senate and anyone else listening to about getting someone to be perma- about whether and how to possibly the debate, let’s be clear, when the nently in charge—or worrying about postpone elections if there is an attack manager stood up and said Republicans two people of the same gender who on election day or in and around elec- and Democrats have a different ap- move in together down your street? I tion day. proach, he forgot about a few Repub- believe you need to ask yourself that To this Senator, to even consider licans who do not agree with him: question as you watch us in the Senate postponing our elections, the most ar- George Will, Lynne Cheney, Bob Barr, in this debate: What is more important dent symbol of American democracy, Alan Simpson, and Lyn Nofziger. And to you, to your family, to your secu- because of terrorist threats is nothing by the way, quite a few on his side of rity, to your children? more than allowing the fear that they the aisle stated they do not support the Some of you are worried about a bring to rule this country. This coun- amendment. Let’s be clear here, this is draft; you are very worried about a try is too strong for that. This country not a question of Republicans versus draft. What is more important—fixing is too great for that. With our men and Democrats. our intelligence, making sure al-Qaida women overseas, literally dying for the After today, we have 27 legislative cells are drummed out of this country? rights of other people to vote, how days until adjournment—27 legislative By the way, I looked at reports from could we even consider postponing the days to deal with the most pressing this administration 30 days after 9/11, election? issues of the country. and do you know what they told us? Al- If this administration is so concerned There were three developments Qaida was in 45 countries, including about the possibility of terrorist at- around here in the last few days that America. Not one cell was in Iraq. In- tacks—and to listen to them and to underscore the work we should be stead of going after al-Qaida, we turned read this clearly they are—and if they doing right now. around and went into Iraq based on are even seriously thinking of dis- First, we were all summoned to the faulty information. rupting the centerpiece of American secret briefing room here in the Cap- Our people are dead and dying to this democracy, then our priority in the itol and told we were under the threat minute, to this day, to this moment. I Senate and in the administration of attack from al-Qaida between now visit them at Walter Reed, and I see should be how to best defend against and election day. Why is it that I can the damage done. There are many Cali- those attacks, not how to close polling tell you this if it was secret? Because it fornians. I pay tribute to every one of places. Talk about misplaced prior- has been all over. Immediately from those brave, unbelievably patriotic, ities. It is worse than Alice in Wonder- that room came Tom Ridge, the head caring members of the armed services land. One has to pinch themselves, in of the Department of Homeland Secu- who have given their lives with honor, light of all that we know, that we are rity, to a press conference to announce deep honor when your Commander in more worried as a Senate about two this threat. This is serious. Let’s put Chief asks you to sacrifice yourselves people of the same gender caring about up what Tom Ridge said so my col- for a decision he has made. You are each other wanting to visit each other leagues can see it for themselves: honorable. And, no, you did not die in in the hospital than we are about these Credible reporting now indicates that al- vain when your Commander in Chief unbelievable threats that are facing Qaeda is moving forward with its plans to asked you to go. Of course not. our Nation, and we are not doing any- carry out a large-scale attack in the United I ask you, with our people dying thing about that. States in an effort to disrupt our democratic every day, with the intelligence fail- Let me tell the American people who process. ures we have seen—and by the way, in may be listening, as well as my col- July 8, 2004. my opinion, not only was the intel- leagues, what is not being done to I have a question to my colleagues in ligence wrong, not only was it misused, make them safer. We do not yet have a the Senate and to all Americans who not only was it misinterpreted, it ap- port security bill which has been voted

VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JY6.025 S13PT1 S7956 CONGRESSIONAL RECORD — SENATE July 13, 2004 in a unanimous fashion out of the Com- here? I will tell my colleagues the rea- The other thing they do is they hold merce Committee. It would create son. The other side does not want to press conferences on the war in Iraq. command and control centers to im- bring up these issues. They want to Then they say it is going to get worse prove security at America’s ports. worry about two people of the same before it gets better. I don’t understand There has been no action by the full gender caring about each other and that kind of leadership. Maybe I am old Senate. they are going to make a whole deal fashioned, but I think leadership is My understanding is the bill was over this for days and days. about seeing a problem and fixing it to going to be brought here and there We have been warned over and over the best of your ability—laying out the were difficulties with it on the other again. The FBI warned us a long time plans on how you are going to fix it. If side of the aisle; the Republicans did ago about the threat of shoulder-fired you do not do that, you fail the test of not want to bring it up. Rail security, missiles. They are slow-walking that. leadership. another bill voted unanimously out of They are holding the port security bill We need to be stronger at home. We the Commerce Committee, on which I at the desk, the rail security bill at the need to be respected abroad. Senator serve, again there has been no action desk, the transit security bill at the KERRY and Senator EDWARDS are tak- by the full Senate. desk, the nuclear plant security bill at ing that message across this country. I have to say, in every report one the desk, the chemical plant security What I am trying to say today is that reads Madrid is mentioned. The rail se- bill is being held at the desk. message is real. curity problems are major. How about the COPS Program? We I am saying there are many things So here we have a port security bill all supported that. We want to put we can do. I have just laid out 10 things that unanimously came out of the com- 50,000 more cops on the beat. We put we should be doing now instead of wor- mittee, a rail security bill that unani- 100,000—and I see my colleague, the rying about two people of the same mously came out of the committee, senior Senator from California, and I gender moving down the street who and those on the other side, the Repub- know about the great work that com- happen to care about each other. But licans, are objecting to bringing those mittee did on the COPS Program. But, all we hear about is the fear part, and bills forward. oh, no, the Bush budget request cuts no plan. Remember how we had no plan Transit security, $5 billion over the the COPS program by 87 percent and no for Iraq, except the military plan next 3 years to improve security on new hires. which was brilliantly executed, but So now we see why the Republicans local transit systems approved by the then there was nothing after it? We want to talk about gay marriage. They Banking Committee in May, and there have no plan to protect our homeland. has been no action by the full Senate. cannot point to anything they have It is time to stop the fear mongering Nuclear plant security, a bill to assess done in the past to make us safer. like this, unless you are going to say Firefighters, the Bush budget cuts threats to and require improvements at what we are doing to make us safer and firefighter assistance by one-third and nuclear facilities approved by another carry it out. We have to start pro- provides no funding for the SAFER Act committee that I sit on, the Environ- tecting our people, our homeland, and ment and Public Works Committee, to hire 75,000 new firefighters. We all remember the heroes after 9/11 our democracy at home. But, again, there has been no action by the full and how everyone, Republican and what does the administration want to Senate. Chemical plant security, a bill Democrat, rallied around our fire- do? A constitutional amendment to to require chemical facilities to have fighters. The cynicism around this prohibit gay marriage. A constitu- and implement a new security plan to place is unbelievable. tional amendment that will deny—and protect against terrorist attacks ap- First responders, the bill to provide make no mistake about it—millions of proved again by the Environment and FEMA assistance to local first respond- Americans equal rights because even if Public Works Committee October 2003, ers was approved by the EPW Com- it doesn’t say so explicitly, it will no action by the full Senate. mittee in July of 2003. There has been mean that those in domestic partner- Airline security, the administration no action by the full Senate. ships or in civil unions—which I is cutting the number of air marshals. So I have shown—and I have not even strongly support—will not get equal I had the privilege of writing the lan- gone into them in great detail—what rights or equal responsibilities. guage in the air security bill that we we ought to be doing if our focus is de- Let’s be clear. The authors of this passed after 9/11 to put air marshals on fending our homeland. amendment say it has nothing to do high-risk flights. What do we see? Cut- It seems we do not have any problem with domestic partnerships or civil ting back on air marshals, not training focusing our resources abroad, trying unions; those are fine. enough pilots for the Federal flight to bring democracy to others while this No. I will have later in my statement deck officer program that allows for pi- administration seems completely at a the lawyers who tell us that, in fact, it lots to carry a weapon in the cockpit if loss on how to protect us at home. It is will be impossible for domestic part- he or she is trained as a sky marshal. extraordinary to me. To come out to a ners or civil unions to receive any- The administration is not moving for- microphone and say to the American where near the same rights or respon- ward with that at all. They are slow- people, look at these threats, here are sibilities as married couples. This con- walking it. They have approved only a Tom Ridge’s own words: stitutional amendment, if it passes, few pilots. Credible reporting now indicates that al- would guarantee legal challenges to What about the threat of shoulder- Qaida is moving forward with its plans to civil unions and domestic partnerships, fired missiles? I have been working on carry out a large-scale attack in the United as I said. That is David Reeves, a part- that with CHUCK SCHUMER, STEVE States in an effort to disrupt our Democratic ner and legal expert at a well-respected ISRAEL, and others. They are slow- process. law firm here in Washington. walking these countermeasures. We We then hear proposals discussed on How about the American Bar Asso- know there are tens of thousands of how to delay the elections. This is ciation? They say: shoulder-fired missiles. Terrorist pretty clear. But any leader who gives The language of the constitutional amend- groups have them. They can buy them you this, and then doesn’t step to the ment is so vague that the amendment could for very little money on the black mar- microphone and say: And, American be interpreted to ban civil unions and domes- ket. We know that aircraft have been people, we know how to protect you; tic partnerships and the benefits that come shot at and shot down. What are we we know how to make our ports safer; with them. doing about it? Again, slow-walking we know how to make our railroads So be clear what you are doing. Even this. safer; we know how to protect you if you oppose marriage between people While Air Force One is protected against a guerrilla attack against a nu- of the same gender, if you support civil when the President travels, he has clear powerplant—oh, no, they give out unions or domestic partnerships, you countermeasures on that plane, and I iodine pills. That is what they do in are condemning them because they will fully support it and thank goodness we this administration. They send iodine not be able to have the same benefits. have it, but if we can do it there—and pills to people who live within 100 miles This constitutional amendment is divi- in Israel they can protect their com- of a plant so they can be ‘‘protected’’ sive to this country. It even divided mercial airlines—why can we not do it from cancer. It is extraordinary to me. Lynne Cheney from DICK CHENEY. Let’s

VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JY6.028 S13PT1 July 13, 2004 CONGRESSIONAL RECORD — SENATE S7957 just look at what DICK CHENEY said be- The 24th amendment banned poll Committee. The leadership has to by- fore he changed his mind in this elec- taxes to further ensure that minorities pass the committee in order to get this tion year. This is the statement that have the right to vote. bill before the full Senate. Sometimes now his wife supports: The 26th amendment gave 18-year- that happens. We have seen it happen The fact of the matter is we live in a free olds the right to vote. I remember that with various bills that come to the society and freedom means freedom for ev- debate was, if you are old enough to die Senate floor. This isn’t just a bill; this erybody. And I think that means that people for your country, you should be old is an amendment to the Constitution of should feel free to enter into any kind of re- enough to vote in your country. the United States. It needs to get 67 lationship they want to enter into. It’s real- It is quite an impressive list. It is a votes in the Senate. We don’t even ly no-one else’s business in terms of trying short list. It obviously sought to ex- know if a majority of the Senate is in to regulate or prohibit behavior in that re- pand freedom and equality, and it did gard. favor of it; yet here it is. Instead of so. doing what they would do to protect This is what he says: The other day I happened to see my our people, this is what we are doing. I think different states are likely to come grandchild watching a show. They were This amendment would make it im- to different conclusions, and that’s appro- singing a song—which I will not sing, possible, if it passed, for States to say priate. I don’t think there should necessarily so don’t panic—which goes like this, in be a Federal policy in this area. that two people who love each other, words: care for each other, and are willing to That was DICK CHENEY in the year One of these things is not like the other, die for each other, have no inheritance One of these things just doesn’t belong. 2000. Now, because the President has rights, equal hospitalization rights, or decided that he needs to do this right This proposal before us today doesn’t equal benefits under the law. That is now rather than keep us safe from al- belong in the Constitution of the an outrage. Qaida and move forward and help us United States of America. That is why Don’t let anyone tell you: I am for get our legislative packages through to so many organizations, 127, have come this amendment because it basically protect the American people, that this out against this amendment. Let’s says marriage is between a man and is more important, then Vice President take a look at them. It is a huge list. woman, but I support civil unions and CHENEY now supports the amendment. Many of these groups have absolutely domestic partnerships. You can’t do it. But his wife Lynne has taken a decid- no interest in the debate over same-sex The lawyers tell us that once this is edly different view. I have, in fact, marriage, but they share one common enshrined in the Constitution, the shown you that before. Her comments: goal: Preventing discrimination from States will not be able to confer equal I thought the formula Dick Cheney used in being written into our Constitution. benefits on civil unions or domestic 2000 was very good. First of all, to be clear Let me mention a few of these: partnerships. Marriage is not a Federal The Japanese-American Citizen that people should be free to enter into their issue; it is a matter of State law. For relationships that they choose and secondly League says: to recognize what’s historically been the sit- some it is a religious issue. Some reli- The Japanese-American community is gions recognize same-sex marriages uation, that when it comes to conferring keenly aware of what it means to be the tar- legal status on relationships, that is a mat- get the Government sanctions and imple- and some do not. Again, many religions ter left to the States. mented discrimination and mistrust. We be- oppose this amendment, including the So when I say it is divisive to the lieve discrimination in any form is un-Amer- Alliance of Baptists, Episcopal Church, country, it has divided Mrs. Cheney ican. the 216th General Assembly Pres- from DICK CHENEY and that is just an The National Council of La Raza, the byterian Church. example of how it divides people. National Black Justice Coalition, the When I got married, it was a reli- I will tell you the reason it does. Mexican-American Legal Defense and gious service and I had my civil rec- First, it is unnecessary. The States are Educational Fund, the Leadership Con- ognition, so I had both religion and taking care of this. Second, we are en- ference on Civil Rights, the Labor civil present. Guess what. The Federal shrining discrimination into the Con- Council for Latin American Advance- Government wasn’t involved. That was stitution, a document that is meant to ment, the American Jewish Com- OK. That is the way it has been. expand rights. We have never, under- mittee, the NAACP, the National My State has a domestic partnership line never, amended the Constitution Asian-Pacific American Women’s law. California’s law I believe is a good to deny rights, to deny equality. Forum, the National Hispanic Leader- start. It gives same-sex couples many In his testimony before the Senate ship Agenda say that this will be the of the same rights and responsibilities Judiciary Committee earlier this year, first time in history that an amend- as married couples. It isn’t perfect. I University of Chicago Law School pro- ment to our Constitution ‘‘would re- think we need to do more. But even fessor, Cas Sunstein, noted that: strict the rights of a whole class of peo- this imperfect law means so much to some people in California. For this All of the amendments to the Constitution ple in conflict with its guiding prin- are either expansions of individual rights or ciple of equal protection.’’ Congress to take that away from them attempts to remedy problems in the struc- These Americans who are in these by amending this Constitution is ture of government. The sole exception being groups—and by the way, there are a lot wrong and it is mean spirited. That is the 18th amendment that established prohi- of religious organizations in this group: what experts tell us will happen. My bition and that attempt to write social pol- The Religious Action Center, you have State has made this decision. Other icy into the Constitution was such a disaster a number of religions—the Interfaith States are making their decisions. that it was repealed less than 15 years later. Alliance, University Fellowship of Met- What is wrong with that? The list of adopted constitutional ropolitan Community Churches, Pres- The very same people who are always amendments is short but impressive. byterian Church Washington Office—a preaching States rights now feel they There are the first 10 amendments, the lot of these folks, not only do they not must move forward. I already gave you Bill of Rights, that guarantees impor- want to see discrimination written into Vice President CHENEY’s statement tant liberties to the American people, the Constitution, but they believe the about the fact that we live in a free so- from freedom of speech and the press, Constitution is a gift to us. I agree ciety, freedom means freedom for ev- to the right to be secure in our homes, with that—a gift we inherited from gi- erybody, and he didn’t think there to the freedom of religion. It is the ants among men who wrote it 217 years ought to be a Federal policy in this 13th, 14th, and 15th amendments that ago. We know no document is perfect, area. I believe those words of his from undid the terrible injustices of slavery, but when we amend the Constitution, the year 2000 stand up. Frankly, the ensuring African Americans the right it would be to expand rights, not to words he is uttering today are just to vote and guaranteeing everyone take away rights from decent, loyal bowing to the political pollsters. That equal protection under the law. Americans. This great Constitution of is really a shame. The Constitution is Then there is the 19th amendment ours should never be used to make a too great a document for it to be used that gave women the right to vote. We group of Americans permanent second- as a political football. The Constitu- know what a struggle that was. The class citizens. tion is too great a document to be used suffragettes worked mightily, long and This Constitutional amendment is so as an applause meter before a conven- hard. flawed it couldn’t pass the Judiciary tion. Yet that is what we are seeing.

VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JY6.031 S13PT1 S7958 CONGRESSIONAL RECORD — SENATE July 13, 2004 I don’t know what message the peo- tivist in nature so he can change the jobs are in existence today than when ple who are bringing this to you want law. George Bush took over. Do Members to convey. Is it to send a message that Where was the concern about William want to take the strain off of our mar- certain Americans are inferior? I hope Pryor, who our colleagues on the other riages, off of our families? Let’s have not. But that is a message that is being side of the aisle voted for, who said the an economic recovery. Let’s stop the sent to a lot of people who are hurting Federal Government should not be in- good jobs from going abroad by giving right now. volved in the business of public edu- incentives to create jobs here. Let’s I have heard my colleagues say the cation or the control of street crime? raise the minimum wage. Let’s assure reason for this amendment is that the Imagine a Republican saying that when the people of this country that they American family is in a fragile condi- it was Dwight Eisenhower who wrote will be protected from the threat of tion. One of my colleagues says mar- the very first public education bill. shoulder-fired missiles. riage is under assault by gay marriage All of a sudden, we have concern When we go up to that secret room or gay relationships. about activist judges when they are upstairs and we are told that al-Qaida I want to tell you something straight voting for activist judges every day. is moving forward to disrupt our demo- from my heart. Not one married couple This same William Pryor called the cratic process and to attack our coun- has ever come up to me and said that Voting Rights Act, which guarantees try, what do we come down here to do? their marriage is under assault because voting rights to all of us, an affront to Nothing to take away that threat. two people of the same gender living federalism. They didn’t have a problem Holding bills at the desk, including rail down the street care about each other. with that. security, transit security, port secu- If your marriage is under assault be- What about Charles Pickering, who rity, chemical plant security, nuclear cause of that, you have other issues worked to reduce the sentence for a plant security—I could go on with the that you should deal with. man convicted of burning a cross on other issues we ought to be discussing. If we were truly concerned about the lawn of an interracial couple? But, no, we do not have time to take strengthening marriage and families in What about activist judges who care of that. this country, I will tell you there are a stopped the State recount in the recent Now I hear we are going to go to the lot of things we could do, just like we Presidential election and essentially Australian free-trade agreement after could do a lot of things to make us decided that election when most legal this. I love the Australians and they safer. There are a lot of things we can scholars said, they won’t do it, the Su- are great friends of America. But I love do. preme Court will allow a recount to go the people I represent, too. And when I We have not raised the minimum forward. see threats like this, I cannot sleep at wage in 8 years. People are trying to On every count, this argument seems night, worried about it. I didn’t come hold their families together on a min- to me to be disingenuous and only be- here to stand and debate constitutional imum wage. Two people working on a fore the Senate to hurt some people amendments that do nothing to make minimum wage are probably just at the who are going to cast a tough vote, so life better for anyone in this country. poverty line. Why don’t we raise our use it in 30-second spots. Indeed, some But that is what they want to do. It is minimum wage and help our low-in- of those 30-second spots have already a very sad day. come families? We could pass a bill to begun. We are all God’s children. No two of make sure our families and our mar- Shame on us. This job is too impor- us are alike. We have different color ried couples have the same health in- tant, this country is too great. The eyes. We have different color hair. We surance as we have. I think it is a great Senate means too much to too many have different color skin. We are dif- idea. Open it up. We could pass a bill people to use it like this. It is not ferent genders, different religions, dif- like that. We could pass a bill to make right. ferent backgrounds, different views. I sure all children have a high-quality If this was really about activist come from a State of 35 million people, education. We could fully fund the No judges, we would be debating this after the most unbelievably diverse State in Child Left Behind Act. That would a Federal judge has actually acted. By the Nation. Yes, different sexual ori- take pressure off of our families. In- the way, the timing of that would be entations is part of that mix. We are stead of freezing the number of chil- inconvenient for my colleagues on the all different. Yet we are all God’s chil- dren in afterschool programs—and I other side because no Federal judge dren. We are all united behind this have a lot in my heart about that be- will act before the Democratic Conven- country and the common cause of free- cause I wrote the afterschool law with tion. dom, justice, fairness, and equality. Senator ENSIGN. We have frozen that What we see—and it is really sad, but That is what unites us. program for 3 years. We have a million it has to be said—is crass, cold-hearted In this Chamber, we have a job to do. kids in it. That is another one. Open it politics. Distracting attention from the That is to advance the cause of free- up. Let these children in. Take the real issues facing our Nation, this con- dom and justice and equality, and to pressure off our families. Take the as- stitutional amendment is being used as advance the status of our people eco- sault off our marriages. That would a weapon of mass distraction. Again, nomically. Doing this does not help really help. Keeping our children safe already it is being used in 30-second any of it. until mom or dad comes home is some- commercials. A constitutional amendment before thing we could do. I hope and I pray the people of this the Senate is an attempt to use our di- Now we have some saying the amend- country will see this debate for what it versity to divide us instead of to unite ment is needed to stop the activist is. Members are going to hear a string us. Ironically, it is being brought by judges. Not one Federal judge has ruled of speeches: We have to do this because the President and his friends in the on the issue of same-sex marriage. marriage is under assault. Senate who said he would be the great I have to say: Is this a new thing we The next question is, If marriage is uniter, a healer; that he would change now have on the other side? Suddenly under assault, what are you doing to the tone in Washington. they are upset about activist judges. I help make family life easier for our The tone has changed. It is worse can understand if they are concerned people, easier for our hard-working than it has ever been in all my years about activist judges. Why did they people at a time when women and men here, and this is the end of my second vote for many of them for the most both have to work because it is so term in the Senate. I was in the House part? My colleagues voted to confirm tough, at a time when actual wages for 10 years. Before that I was in local James Leon Holmes. Regarding wom- have gone up 1 percent but the cost of government. I have never seen a worse en’s right to choose, where was the health care almost 30 percent, the cost tone. concern when he said the ‘‘concern for of gas up, the cost of college tuition up This constitutional amendment is an rape victims is a red herring because well over 20 percent, the worst job attempt to appeal to our prejudice in- conceptions from rape occur with the record in the last 3 years? stead of to our compassion, to our same frequency as snow in Miami.’’ He Since this administration took over, hatreds instead of to our hopes, to our is going to take that opinion that is so we have had the worse job creation fears instead of our dreams. The con- wrong and defies science and is so ac- record since Herbert Hoover. Fewer stitutional amendment is an appeal to

VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JY6.034 S13PT1 July 13, 2004 CONGRESSIONAL RECORD — SENATE S7959 what is the worst in us instead of what rights union. This is not a civil rights country. And marriage may be the is best in us. We are better than that, issue. most important of all these institu- or we should be better than that. I will have an opportunity later on in tions because it represents the accumu- In his first inaugural address, Repub- our debate this afternoon to talk about lated wisdom of literally hundreds of lican President Abraham Lincoln ap- these very points. generations over thousands of years pealed to the better angels of our na- First, I call on my good friend, the about how best to lay the foundation of ture. This amendment flies in the face junior Senator from Missouri. a home in which we can raise and so- of those words. I served with him in the House, and I cialize our children. Regardless of what anyone thinks am proud to call him my friend. He is Every society has to be able to do about gay marriage, regardless of doing a great job in the Senate. I yield certain things in order to survive. It whether Members are for domestic to the Senator from Missouri, Mr. TAL- has to produce wealth, goods, and serv- partnerships or civil unions—which, ENT. ices so people can live. It has to resolve again, I strongly support—regardless of Mr. TALENT. I understand we have disputes so that people don’t kill each whether Members support or oppose about 20 minutes until lunch. May I other over problems that they have. It the laws in their State, this constitu- have the 20 minutes? has to be able to raise children who are tional amendment should be defeated, Mr. ALLARD. Twenty minutes. reasonably content, reasonably well and the motion to proceed, if it is a The PRESIDING OFFICER. The Sen- adjusted, and reasonably committed to vote on that, I hope that fails, as well. ator from Missouri. the norms of that society. It is possible The signal will be, when we defeat this Mr. TALENT. I appreciate that. I to do that. I put in that word for those motion to proceed, the message we are very much appreciate the kind words of in the gallery who may have teenagers sending is we want to get to the busi- my friend from Colorado in introducing as I do. It is possible for children to be ness of the American people that will me. That is probably more than I de- reasonably content, well adjusted, and make marriages better and stronger, serve, and it is certainly better than I committed to the norms of society. that will protect our people from usually get when I stand up to speak on And the way that we do that, the way threat of terrorist attack, not to sit the Senate floor. we have decided over the millennia to here and talk about a constitutional We are in the midst of another fili- do that in this country, and, indeed, amendment which the author knows buster. I say that because if I didn’t throughout the world, is through mar- hasn’t got one slim chance of passing. say it, given the Senate procedures, it riage. It doesn’t always work that way, ob- He is taking up valuable time on an would not be evident to people that viously. No human society, no human issue that does nothing at all to help that is what is happening. But we are institution is perfect. A spouse may our people. filibustering yet another measure be- die. The marriage may break up. The I urge my colleagues to do the right fore the Senate. This one has a little marriage may be so completely dys- thing. I urge my colleagues to put the twist to it. Those who are filibustering functional that maybe it ought to Constitution above any political gain. I are willing to allow us to go to a vote on the amendment, if we have no break up. People sometimes are single urge my colleagues to put the Con- when children are born, and very often stitution above their political well- amendment to the amendment. In other words, if nobody wants to offer in those circumstances the person who being. is raising the child is able to make it Here is what I have known in the any amendment to change this amend- work. They act heroically to raise the many years I have run for office. When ment at all, to try and perfect it, then they will permit an immediate vote. So child on their own. you take a stand out of deep convic- If a child in that circumstance went what we are told is that we must either tion, people know. They may not even to his mom or dad or aunt or uncle or have an immediate vote without any agree, but they ask, Do I want someone grandma or grandpa or guardian, who- changes even being considered or no who is willing to take a hard stand and ever was trying to raise him or her on someone I can trust to do that when vote at all. his own and said, When I grow up, when I suspect that the filibuster will be the chips are down? They want that. I want to have children, would you rec- They will see that is what a true pa- sustained when we vote on it. It is a ommend that I try and find somebody triot is, not someone who reads the shame because this is an important who is committed to raising the child— polls and says the polls show this or measure, and the people are entitled to say it is a girl—if I try and find a man that. The point in the Senate some- see who in this body is for protecting who is committed to me and com- times is to lead. I wish it would be that traditional marriage and who is not, mitted to the home and committed to way every day, but especially it should because nothing less than that is at raising our children in that context, be that way when there is an amend- stake. Members of the Senate should would you recommend that I do that or ment to the Constitution. I hope once not be mistaken or deceived by discus- not? How many of those single moms we dispose of this and vote down the sions of other issues or attempts to re- or dads or grandmas or grandpas or motion to proceed, and they do not get state what this amendment is about or aunts or uncles who have raised kids or enough votes on that, we can turn our assurances that we don’t really need to are raising kids, how many would say, attention to the awesome challenges do anything and everything will be OK. No, do it the other way? They would and the difficult issues we face. Once The courts of this country are en- say: Do it that way, if you can. we send that signal, America will see gaged in a process by which they are It is hard under any circumstances. we did right by the Senate, we did going to force the people, whether they But it is less hard if you have a hus- right by our constituents, and we did like it or not, to accept a fundamental band or a wife who is there, who is right by this country that we love so change in the basic building block of committed, who wants to help. That is much and we hold so dearly. our society. I kind of think that is im- what marriage is about. Americans I yield the floor. portant. I think it is worth debating. It know that as a matter of common- The PRESIDING OFFICER. Who is a sign of the regard in which mar- sense. Americans live in this civiliza- yields time? riage is held by some of those who are tion. Americans of all different back- Mr. ALLARD. Mr. President, I will filibustering that they don’t think it is grounds, all different ethnicities, all yield to my good friend from Missouri, important enough to be worth debat- different religions, all support tradi- but first I will make a couple points. ing. tional marriage. They know that, if First, we are just beginning to defend Marriage is our oldest social institu- possible, kids should be raised by a marriage. This debate may go well be- tion. I was thinking about this the mom and a dad, committed in the con- yond this year. I anticipate we will other day. It is not older than the im- text of marriage to their family. Amer- have more votes. But the message is, pulse to seek God, but it is older than icans know that and have known it. we are just beginning. our formal religions. It is older than They have built that society and that Second, this is a moderate amend- our system of property. It is older than culture. ment. We do allow States the oppor- our system of justice. It certainly pre- The social scientists have figured it tunity to find civil unions and domes- dates our political institutions, our out. Here is a representative state- tic partnerships. This is not a civil Constitution, even our union in this ment. The Senator from Kansas read a

VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JY6.036 S13PT1 S7960 CONGRESSIONAL RECORD — SENATE July 13, 2004 number of similar statements the other and was proud to do so. I served on the there are no wrong interpretations. It day, but this was by Scott M. Stanley committees that considered family doesn’t mean there are no interpreta- who is a Ph.D. at the Center for Mar- law. We debated a lot of issues involv- tions which clearly are outside of the ital and Family Studies at the Univer- ing family law. We changed the law a scope of what the people who wrote the sity of Denver, which my friend from lot. It has not happened in this coun- document said or intended. Colorado has the honor to represent. try. People have not adopted ref- I want to assert this before the Sen- He said: erendum. In fact, all the actions have ate now: It is wrong to say the Con- As a result of decades of accumulated data, been the other way. To the extent that stitution of the United States, or any many family scientists, from the fields of so- they have passed referendum or laws, of the several States, contains a right ciology, psychology and economics, have they have all been in support of tradi- to same-sex marriage. It is intellectu- concluded— tional marriage. ally dishonest to claim that the Massa- Here is the news bulletin— So how did we get here? chusetts decision was one of interpre- children and adults on average experience We got here because a majority of tation and application, rather than in- the highest level of overall well-being in the the Massachusetts Supreme Court de- vention and imposition. They were not context of healthy marital relationships. cided people should have the right to interpreting the Constitution; they And what is marriage? We are enti- same-sex marriage. Because of the way were imposing what they wanted on tled to ask that about all our social in- our Federal system works, it is very the people of Massachusetts, without stitutions. What is it? It is not com- likely—whether people want to admit their consent. plicated. In short form, it is one mom, this or not—that other courts will In this country, you don’t do that. I one dad, one at a time. Everybody has force people in other States to recog- have been around legislative bodies a the same right to get married. There is nize same-sex marriage because one long time. I have won some battles and no discrimination involved in a social State has. That is the way our system lost some. Sometimes I think I have institution. Everybody has the same works. It may not happen, but it is lost a lot more than I have won. Cer- right to get married. But nobody has quite likely to happen. tainly, when I served in the minority the right to marry anybody they want When I heard about that decision by in the Congress and in the legislature, to. There are certain restrictions. You the Massachusetts Supreme Court, I I lost more battles than I won. That is can’t marry a close relative. You can’t asked myself: What about everybody the way the system works. I can live with that. But I don’t like being told I marry somebody who is already mar- else’s rights? What is the most basic have no right to participate. I don’t ried. Is that discrimination if we tell political right people in this country, like being told my views are such that people, No, you can’t marry somebody and indeed throughout the free world, I cannot petition the representative if they are already married? That is have? What is the political right that process to get what I want out of it. people in this country have fought and not marriage. And you can’t marry Unless we pass a constitutional died for for hundreds of years? We see somebody of the same sex. amendment, we will allow the courts of And why? Because marriage is the in- people around the world now heroically this country to disenfranchise tens of stitution—remember, it is many fighting for this. The first and most millions of Americans on an issue that things; yes, it is an expression of love basic right is the right of the people to is of greater importance to them on a and commitment between two people govern themselves. day-to-day basis—because it involves The Framers thought that right was and that is beautiful—that we in our the way in which their children and so self-evident, you didn’t have to society rely upon for raising our chil- other people’s children are going to be dren. And it is best for kids, if possible argue for it. Maybe we should restate it raised—than most of the issues we dis- and where possible, to have a mom and for the Massachusetts Supreme Court. cuss. If we cannot agree in this body on a dad. And that is one thing that two It means that the only just govern- anything else, we can agree on this: people of the same sex cannot give ment is the one that derives its powers Everybody should have the right to ad- children. They cannot give them a from the consent of the governed. That vance their point of view in the legisla- mom and a dad. means that every act of any govern- tive process on this issue, and that we It comes down to this: People in this mental body has to be the result of a can trust the good sense of the Amer- country are free to live the way they process in which the people have, at ican people to produce the right result want to live. That is one of our cul- some time, consented. in the end. I am willing to do that, but tural norms that, by the way, marriage In this country, people have to con- the only way we can do that is by pass- supports. Marriage is the building sent to the acts by which they are gov- ing a constitutional amendment. That block of a society which believes, erned. Typically, they could do that is what this country is about. among other things, that people should through the process of a representative I have just a few minutes. I will deal be free. And people are free to live the democracy. They elect people or defeat with some of the arguments that have way they want. them, depending on whether they agree been raised against this. One is that The Senator from California talked with them. We would not tolerate it for this is political. Well, I have been in about two same-sex people who love a second if a President got up one day legislative bodies a long time. When each other and want to live together. and said: I don’t like the way our soci- people start talking about a bill or an Legally people are free to do that. But ety is functioning; I am going to issue argument being political, they are that does not mean that they are free a decree and everybody has to do it dif- really saying that we know if we have to change the basic cultural institu- ferently now. to vote on this, we are going to vote in tions on the health of which everybody It would not matter whether we a way that people probably don’t like and everybody’s rights depend. agreed, we would say you don’t have back home, and we would really rather We have models of this around the the authority to do that. It is because not vote on it. world. In Scandinavia they have of that basic right of self-government Let me say this. This is not a battle changed traditional marriage, legalized that judges are supposed to construe that my friend from Colorado sought same-sex marriage. The result there is and apply the law, not invent and im- when he introduced this amendment. increasingly nobody gets married. pose the law. This battle is being forced upon us by Fewer and fewer kids are raised outside Now, the construction may be strict the courts of the country. If you don’t of that context. It is not good. If you or liberal. Provisions of the Constitu- want to vote on this, get the Massachu- think it is good, come down here and tion may be vague. But the construc- setts Supreme Court to reverse itself. say that. Say that is why you want to tion has to be a faithful construction— We will go back to what we had before, oppose the amendment. whether it is strict or liberal—to the and gladly so. It is worth asking also how we got proper exercise within the American Another argument is that we are here. No legislature has acted on this. constitutional system of the judicial holding up other business. I say to the I haven’t heard about hearings in the power. Even if a provision of the Con- people who are making that argument, State legislatures around the country. stitution is so vague that we are not as I said at great length on the floor of No referendum has passed. I served in certain what the right answer, the the Senate the other day, you are fili- the legislature for 8 years in Missouri right interpretation is, it doesn’t mean bustering the other business. If you

VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JY6.038 S13PT1 July 13, 2004 CONGRESSIONAL RECORD — SENATE S7961 want to go to other business, stop fili- Mr. SCHUMER. Reserving the right on the Senate floor—to protect mar- bustering it. You filibustered the class to object, I ask unanimous consent to riage by allowing States to refuse to action bill last week, the welfare bill, modify the request of my friend from recognize an act of any other jurisdic- the Energy bill, medical malpractice, Colorado that after the Senator from tion that designates a relationship be- and judicial nominations. You can fili- Texas speaks on the Hispanic conven- tween individuals of the same sex as a buster if you want. tion for 10 minutes, the Senator from marriage. Unfortunately, here we allowed very California and I be given an additional I have heard arguments that DOMA broad filibustering. But one thing you 15 minutes to talk about the renewal of would not withstand a full faith and cannot do is filibuster and then accuse the assault weapons ban. credit Constitutional challenge, but we everybody else of being obstructionists. The PRESIDING OFFICER. Unfortu- continue to see courts, such as the That isn’t right. Let the other meas- nately, the Chair will not be able to Massachusetts Supreme Court, and of- ures go and we will go with them. preside and has to object to the unani- ficials in California deny the laws of Another argument is that we should mous consent request. this country and their particular show more respect for the Constitution Mr. SCHUMER. Mr. President, I have States. and that we should not amend the Con- no objection to the Senator from Texas I do not think the Constitution stitution. You know, that is kind of a speaking for 10 minutes. I ask unani- should be amended lightly. I would like selective argument. That says basi- mous consent that when the Senate re- to see our Constitution amended only cally you can amend it through the sumes business at 2:15 p.m., at some when it is absolutely necessary to cor- courts. The courts can amend it any point between 2:15 p.m. and 5 p.m. rect a fundamental problem. However, way they want, without regard to the today, we be given 15 minutes to talk this is one of those times. This is one right of the people to govern them- about this issue. of those times when we have judges selves; but we cannot amend it through The PRESIDING OFFICER. Without acting as legislators. This must be the process that the people have pro- objection, it is so ordered. stopped and can only be stopped by the The Senator from Texas. vided to amend it. The argument is Constitution. Mrs. HUTCHISON. I thank the Chair. The full faith and credit clause of our kind of cheeky. It says we can get Mr. President, I appreciate this op- court decisions that exclude you from Constitution says: portunity to talk about the Federal Full Faith and Credit shall be given in participating in the normal process, so marriage amendment before the Sen- you cannot pass a law to do anything each State to the public acts, records, and ate. It is important that we focus on judicial proceedings of every other State. about it. But then, if you go to the con- this very important issue and look at And the Congress may by general Laws pre- stitutional amendment process, which the reason we are taking it up. scribe the Manner in which such Acts, is the only process we have left open to Some people come up to me and say: Records, and Proceedings shall be proved, you, you are not showing any respect Why are we doing this now? We already and the Effect thereof. for the Constitution. have the Defense of Marriage Act. Ad- The full faith and credit clause Look, my time is running out. I see a ditionally, people say: Is this such a should not be used by the courts to colleague who may want to add a word pressing issue that it needs to be dis- validate marriages because marriages or two at the end. You are either for cussed right now? are not legal judgments, they are civil protecting traditional marriage or you I cosponsored this amendment be- contracts. Unfortunately, we are wit- are not. There is no way around this cause if we wait until the Defense of nessing a change where activist judges debate. The courts are forcing it on us. Marriage Act is taken through the are making laws with their judgments, They have changed the law in Massa- courts and potentially declared uncon- and the full faith and credit clause chusetts. People are getting married stitutional, questions would arise faces enormous challenge. there and filing lawsuits in other about what marriage is in our country. Currently, there are 11 States facing States to challenge those State laws. I do not think many would disagree court challenges to their marriage This is here. We are either going to do that the traditional concept of mar- laws. Recent court decisions indicate something about it or we are not. You riage is what must be protected. Tradi- that neither State attempts to define are either for protecting traditional tional marriage has been the founda- marriage nor DOMA may be sufficient marriage or you are not. It is not about tion of our families for generations, in to protect the ability of States to de- homeland security. It is about whether fact, centuries. It is best for our chil- fine marriage. At least seven States you really think that marriage, as we dren now, and is the best chance our will have State constitutional amend- have understood it for thousands of children have for brighter futures. ments on their ballots in 2004 to define years, is important in some sense, even Inevitably, single-parent households marriage as between a man and a if you cannot explain it, to the kind of exist due to death or an inability to woman. society we live in. I think so. I know keep marriages together. But it is In my State of Texas where the legis- most of the people think so. proven, that if possible, a married cou- lature passed a law defining marriage My tone has been one of frustration. ple, a man and a woman, raising a fam- as between a man and a woman, con- I am sorry about that. This frustrates ily give children the best chance to troversy now exists about how State me. It is something that, clearly, we succeed in their lives. courts must treat civil unions. The ought to do. I don’t know anybody who Today, same-sex couples from 46 State attorney general has said that has come down here and argued against States have traveled to Massachusetts, Texas does not recognize Vermont civil traditional marriage. Let’s pass this California, and Oregon to receive mar- unions, and, therefore, no divorce or constitutional amendment, work on it riage licenses with the intention of re- separation must be granted in Texas for a reasonable amount of time, get it turning to their respective States to for this union. in as good a shape as we can, and do challenge their State’s laws. Forty-two These are just a few of the questions the business the people expect us to do. States have specific laws defining mar- that are beginning to arise because of Let them make their own decisions riage as the union of a man and a the acts of judges in Massachusetts and about their own culture. woman. My State of Texas has such a local officials in California. I yield the floor. law. It is very important that elected rep- I thank the Senate, and I yield the Activist judges and lawyers have resentatives make this decision. People floor. been using the judicial system to un- must have the right to hear the discus- The PRESIDING OFFICER. The Sen- dermine the traditional definition of sion, talk about it, and be represented ator from Colorado. marriage without public consent or de- by their elected officials. That is the Mr. ALLARD. Mr. President, I ask bate. This is not just an attack on our issue here. unanimous consent that we allow the families, but also on our democratic I do not think we will have the votes Senator from Texas an additional 10 form of government. Elected represent- on Wednesday to proceed to this crit- minutes to discuss the Hispanic con- atives of the people are supposed to ical issue, but this is an important step ference that she is having here. make the laws of our country. toward starting the debate. Marriage The PRESIDING OFFICER. Is there In 1996, Congress enacted the Defense between a man and a woman that pro- objection? of Marriage Act—it was passed 85 to 14 duces children and strong families is

VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JY6.041 S13PT1 S7962 CONGRESSIONAL RECORD — SENATE July 13, 2004 fundamental to our society and de- The plan to redefine marriage in a con- for which there were enough Members mands this safeguard. This is the core stitutional amendment could not be a better here—Democrats and Republicans—to and fabric of our society. election year wedge. The fact that Lynne pass it. The majority would not even I hope in the next few days, weeks, Cheney, champion of conservative causes, allow a vote—not a single vote—on parted company with her husband, Vice and months we have a civilized debate. President Dick Cheney, on same-sex mar- that issue. They want the issue. This is not about being anti-homo- riage is illustrative of just how divisive it’s They want to bash Democrats as sexual. Not at all. I think everyone be- become. being opposed to any reform of the tort lieves gays and lesbians should have Typically, vice presidents support their system. the ability to lead their lives as they presidents and political wives back their On medical malpractice, on asbestos, choose, as should all consenting adults. husbands, regardless of personal feelings. on class action they want the issue. But we don’t want to tear down tradi- This time, the human aspect of the debate They don’t want to resolve the issue. tional marriage and the American fam- was too much for a political wife to over- One would think the people in the come. ily. We need to protect traditional State of Ohio, in the State of Texas, in As the mother of a lesbian, Lynne Cheney, the State of Nevada, in the State of marriage. We should not allow some of necessity, would be finely attuned to all States to impose their definition of the arguments. And no one should expect a Wisconsin, in the State of Illinois, and marriage on other States. States must parent to disregard an offspring for a polit- in every other State would know how have the right to accept or reject any- ical agenda. Anyway, it is debatable that an Senators feel on the amendment before thing that has not been demonstrated amendment would help a traditional concep- this body. the will of the people through their tion of marriage. And, some Senators indi- They are not going to get that cate they are less than willing to try. representatives. chance because we are going to be The administration is wading into deep wa- forced into a procedural vote. That is I appreciate being given the time to ters, fracturing families, and merging the speak on this issue. It is an important wrong. church and the state. That’s not the way the We are willing to vote on S.J. Res. 40. issue for our country, and I hope we system is supposed to work. It would be best We have said that. We keep saying will carefully consider the ramifica- for government to leave this issue alone. that, but, no, the issue is more impor- tions if we do not take action to pro- I am not an avid reader of the Wash- tant than the merits of this matter, tect traditional marriage and the ington Times. In fact, I didn’t read it which is too bad. American family. today. But it was brought to my atten- The PRESIDING OFFICER. The Sen- I yield the floor. tion and I did read the Washington ator from Wisconsin. f Times: Mr. FEINGOLD. Mr. President, the RECESS GOP split on marriage proposals. Constitution of the United States is a Senate Republican leaders, who had been historic guarantee of individual free- The PRESIDING OFFICER. Under seeking a clear vote on a constitutional dom. It has served as a beacon of hope, the previous order, the Senate will amendment on same-sex ‘‘marriage,’’ yester- an example to people around the world stand in recess until the hour of 2:15 day found themselves outmaneuvered by Democrats and divided over which of two who yearn to be free and to live their p.m. lives without government interference Thereupon, the Senate, at 12:40 p.m., proposals to pursue. President Bush and Senate Republican with their most basic human decisions. recessed until 2:15 p.m. and reassem- leaders support the Federal Marriage I took an oath when I joined this bled when called to order by the Pre- Amendment, which defines marriage as the body to support and defend the Con- siding Officer (Mr. VOINOVICH). union of a man and a woman and restricts stitution. I am saddened, therefore, to The PRESIDING OFFICER. The Sen- the court’s ability to rule on the issue. But be standing on the floor today debating ator from Nevada. some Republicans want to vote on an alter- a constitutional amendment that is in- f native, simpler version—leaving Republican consistent with our Nation’s history of leaders scrambling. . . . expanding freedom and liberty. It is all FEDERAL MARRIAGE AMEND- Let’s understand where we are on MENT—MOTION TO PROCEED—Re- the more unfortunate because it has this issue. Senator DASCHLE, in good sumed become all too clear that having this faith, Friday, came to the floor and debate at this time is aimed at scoring Mr. REID. Mr. President, I have spo- said we need to get to the business at points in an election year. Even a lead- ken to the manager of the bill for the hand. There is an important marriage ing proponent of this amendment ad- majority and I want to say a few brief amendment pending about which peo- mits that we are engaged in a political words now and then I will yield 30 min- ple on both sides of the aisle have exercise, pure and simple. utes to the Senator from Wisconsin. strong feelings. Therefore, it would be Paul Weyrich, president of the Free Following that, Republicans will speak better that we vote on the amendment, Congress Foundation, recently stated: for whatever time they desire and the the one that has been on the Senate The President has bet the farm on Iraq. Democrats will then follow with re- floor. We were told at that time by the So the proper solution, according to marks by Senator DURBIN for up to 30 majority leader that sounded like a Mr. Weyrich, is to ‘‘change the sub- minutes. pretty good idea, that he would have to ject’’ from Iraq to the Federal mar- I simply ask unanimous consent that check with his caucus. riage amendment. following my brief remarks, Senator Surprisingly, Friday we were unable Mr. Weyrich also recently stated: FEINGOLD be recognized for up to 30 to get that unanimous consent agree- If [President Bush] wishes to be reelected minutes; following his remarks the ment entered. Monday we come back— then he had better be up front on this issue, time revert to whatever the majority no deal. In the morning, we were told because if the election is solely on Iraq, feels appropriate; following their re- they want to vote on two constitu- we’re talking about President Kerry. marks, that Senator DURBIN will be tional amendments regarding mar- I am loathe to come to that kind of recognized for up to 30 minutes; then riage. In the afternoon, we were told conclusion. But I believe it to be the trying to balance out this time, fol- they want to vote on three constitu- truth. lowing the reversion back to Repub- tional amendments on marriage. There we have it. This proposed con- licans, Senator LAUTENBERG will be It is a simple choice. We are willing stitutional amendment is a poorly dis- recognized for up to 15 minutes. to vote on the legislation before this guised diversionary tactic that is es- The PRESIDING OFFICER. Is there body, S.J. Res. 40. Why don’t we do sentially a political stunt. objection? Without objection, it is so that? The reason we are not going to do Will this proposed constitutional ordered. it is because the majority has decided amendment create jobs for mothers Mr. REID. Mr. President, the Reno they want the issue. They do not care and fathers, husbands and wives, and Gazette-Journal, a newspaper that has how the votes fall; they want the issue. stop the flow of American jobs over- been in existence for many years, a That is wrong. Everyone should under- seas? Gannett newspaper in Reno, NV, which stand this is a march to nowhere, and Will this proposed constitutional is certainly not a bed of liberalism, the majority knows that. amendment secure a good education for published a very short editorial today. I don’t know what is happening our children? Will this proposed con- It says: around here. Class action is an issue stitutional amendment improve the

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