H7888 CONGRESSIONAL RECORD — HOUSE September 30, 2004 the gentleman from New Jersey (Mr. Mica Radanovich Spratt b 1245 Michaud Rahall Stark SMITH) that the House suspend the Millender- Ramstad Stearns PROVIDING FOR CONSIDERATION rules and pass the bill, H.R. 4231, as McDonald Rangel Stenholm OF H.J. Res. 106, MARRIAGE PRO- amended, on which the yeas and nays Miller (FL) Regula Strickland TECTION AMENDMENT are ordered. Miller (MI) Rehberg Stupak Miller (NC) Renzi Sullivan Mrs. MYRICK. Mr. Speaker, by direc- This will be a 5-minute vote. Miller, Gary Reyes Sweeney tion of the Committee on Rules, I call Miller, George Reynolds The vote was taken by electronic de- Tancredo up House Resolution 801 and ask for its Mollohan Rodriguez Tanner vice, and there were—yeas 411, nays 1, Moran (KS) Rogers (AL) Tauscher immediate consideration. not voting 20, as follows: Moran (VA) Rogers (KY) Taylor (MS) The Clerk read the resolution as fol- Murphy Rogers (MI) Taylor (NC) lows: [Roll No. 483] Murtha Rohrabacher Terry YEAS—411 Musgrave Ross H. RES. 801 Myrick Rothman Thomas Resolved, That upon the adoption of this Thompson (CA) Abercrombie Davis (AL) Hostettler Nadler Roybal-Allard resolution it shall be in order to consider in Ackerman Davis (CA) Houghton Napolitano Royce Thompson (MS) Aderholt Davis (FL) Hoyer Thornberry the House the joint resolution (H.J. Res. 106) Neal (MA) Ruppersberger proposing an amendment to the Constitution Akin Davis (TN) Hulshof Neugebauer Rush Tiahrt Alexander Davis, Jo Ann Hunter Ney Ryan (OH) Tiberi of the United States relating to marriage. Andrews Davis, Tom Hyde Northup Ryan (WI) Tierney The joint resolution shall be considered as Baca Deal (GA) Inslee Norwood Ryun (KS) Toomey read for amendment. The previous question Bachus DeFazio Isakson Nunes Sabo Towns shall be considered as ordered on the joint Baird DeGette Israel Nussle Sa´ nchez, Linda Turner (OH) resolution to final passage without inter- Baker Delahunt Issa Oberstar T. Udall (CO) Baldwin DeLauro Istook vening motion except: (1) two hours and 30 Obey Sanchez, Loretta Udall (NM) minutes of debate on the joint resolution Ballenger DeLay Jackson (IL) Olver Sanders Upton Barrett (SC) DeMint Jackson-Lee equally divided and controlled by the Major- Ortiz Sandlin Van Hollen Bartlett (MD) Deutsch (TX) ity Leader and the Minority Leader or their Osborne Saxton Vela´ zquez Barton (TX) Dicks Jefferson designees; and (2) one motion to recommit. Ose Schakowsky Visclosky Bass Dingell Jenkins Otter Schiff SEC. 2. During consideration of H.J. Res. Beauprez Doggett John Vitter Owens Schrock Walden (OR) 106 pursuant to this resolution, notwith- Becerra Dooley (CA) Johnson (CT) Oxley Scott (GA) standing the operation of the previous ques- Bell Doolittle Johnson (IL) Walsh Pallone Scott (VA) Wamp tion, the Chair may postpone further consid- Berkley Doyle Johnson, E. B. Pascrell Sensenbrenner Waters eration of the joint resolution to a time des- Berman Dreier Johnson, Sam Pastor Serrano Watson ignated by the Speaker. Berry Duncan Jones (NC) Paul Sessions Watt Biggert Dunn Jones (OH) Payne Shadegg The SPEAKER pro tempore (Mr. Waxman Bilirakis Edwards Kanjorski Pearce Shaw SIMPSON). The gentlewoman from Bishop (GA) Ehlers Kaptur Weiner Pelosi Shays North Carolina (Mrs. MYRICK) is recog- Bishop (NY) Emanuel Keller Peterson (MN) Sherman Weldon (FL) Bishop (UT) Emerson Kelly Peterson (PA) Sherwood Weldon (PA) nized for 1 hour. Blackburn Engel Kennedy (MN) Petri Shimkus Weller Mrs. MYRICK. Mr. Speaker, for the Blumenauer English Kennedy (RI) Pickering Shuster Wexler purposes of debate only, I yield the cus- Blunt Etheridge Kildee Whitfield Pitts Simmons tomary 30 minutes to the gentleman Boehner Evans Kilpatrick Platts Simpson Wicker Bonilla Everett Kind Pombo Skelton Wilson (NM) from Massachusetts (Mr. MCGOVERN), Bonner Farr King (IA) Pomeroy Slaughter Wilson (SC) pending which I yield myself such time Bono Fattah King (NY) Porter Smith (NJ) Wolf Boozman Feeney Kingston as I may consume. During consider- Portman Smith (TX) Woolsey ation of this resolution, all time yield- Boswell Ferguson Kirk Price (NC) Smith (WA) Wu Boucher Filner Kleczka Pryce (OH) Snyder Wynn ed is for the purpose of debate only. Boyd Flake Kline Putnam Solis Young (AK) Mr. Speaker, on Tuesday, the Com- Bradley (NH) Foley Knollenberg Quinn Souder Young (FL) mittee on Rules met and granted a Brady (PA) Forbes Kolbe Brady (TX) Ford Kucinich NAYS—1 closed rule for H.R. 106, the marriage Brown (OH) Fossella LaHood Smith (MI) protection amendment. The rule pro- Brown (SC) Frank (MA) Lampson vides 2 hours and 30 minutes of debate, Brown-Waite, Franks (AZ) Langevin NOT VOTING—20 Ginny Frelinghuysen Lantos equally divided and controlled by the Allen Eshoo Moore Burgess Frost Larsen (WA) majority leader and the minority lead- Boehlert Gephardt Burns Gallegly Larson (CT) Nethercutt Brown, Corrine Harman er or their designees. Burr Garrett (NJ) Latham Pence Cannon Harris H.J. Res. 106 proposes an amendment Burton (IN) Gerlach LaTourette Ros-Lehtinen Davis (IL) Hastings (FL) Butterfield Gibbons Leach Tauzin to the Constitution of the United Diaz-Balart, L. Meek (FL) Buyer Gilchrest Lee Turner (TX) States relating to marriage. The Diaz-Balart, M. Meeks (NY) Calvert Gillmor Levin amendment states that ‘‘Marriage in Camp Gingrey Lewis (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the United States shall consist solely Cantor Gonzalez Lewis (GA) Capito Goode Lewis (KY) The SPEAKER pro tempore (during of the union of a man and a woman. Capps Goodlatte Linder the vote). Members are advised 2 min- Neither this constitution, nor the con- Capuano Gordon Lipinski utes remain in this vote. stitution of any State, shall be con- Cardin Granger LoBiondo Cardoza Graves Lofgren strued to require that marriage or the Carson (IN) Green (TX) Lowey b 1247 legal incidents thereof be conferred Carson (OK) Green (WI) Lucas (KY) So (two-thirds having voted in favor upon any union other than a man and Carter Greenwood Lucas (OK) a woman.’’ Case Grijalva Lynch thereof) the rules were suspended and Castle Gutierrez Majette the bill, as amended, was passed. The constitutional amendment proc- Chabot Gutknecht Maloney The result of the vote was announced ess is the most democratic process in Chandler Hall Manzullo as above recorded. our Federal system, and it requires ap- Chocola Hart Markey proval from two-thirds of each House of Clay Hastings (WA) Marshall A motion to reconsider was laid on Clyburn Hayes Matheson the table. Congress and three-quarters of the Coble Hayworth Matsui States by votes of their State legisla- Cole Hefley McCarthy (MO) f tors. Collins Hensarling McCarthy (NY) This bill has come up because same- Conyers Herger McCollum PERSONAL EXPLANATION Cooper Herseth McCotter sex marriage advocates have been Costello Hill McCrery Ms. HARRIS. Mr. Speaker, due to unavoid- using the courts and even local offi- Cox Hinchey McDermott able circumstances this morning, I was unable cials who have intentionally violated Cramer Hinojosa McGovern Crane Hobson McHugh to participate in the first series of votes in the the law to circumvent the democratic Crenshaw Hoeffel McInnis House of Representatives. Had I been process. Passing a constitutional Crowley Hoekstra McIntyre present, the following affirms my voting intent: amendment will place the debate where Cubin Holden McKeon On rollcall vote No. 480: ‘‘No.’’ On rollcall vote Culberson Holt McNulty it belongs, with the American people. Cummings Honda Meehan No. 481: ‘‘Aye.’’ On rollcall vote No. 482: Forty-four States have already en- Cunningham Hooley (OR) Menendez ‘‘Aye.’’ On rollcall vote No. 483: ‘‘Aye.’’ acted laws that provide that marriage

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.040 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7889 shall consist only of the union of a man country that States, not the Federal CHENEY, said it well in 2000, and I have and a woman. Those forty-four States Government, have the right to regulate his words right here, and I quote, ‘‘The represent 88 percent of all the States marriage and other issues of family fact of the matter is that we live in a and 86 percent of the population. law. And States are already addressing free society, and freedom means free- As President Bush said in his State same-sex marriage. When the Hawaii dom for everybody. And I think that of the Union address, if judges insist on Supreme Court held that denying means that people should be free to forcing their arbitrary will upon the same-sex couples the right to marriage enter into any kind of relationship people, the only alternative left to the violated the Hawaii constitution, the they want to enter into. It’s really no people would be the constitutional voters of Hawaii passed a constitu- one else’s business in terms of trying process. To that end, I urge my col- tional amendment allowing the State to regulate or prohibit behaviors in leagues to support the rule and the un- legislature to limit marriage to dif- that regard. I think different States derlying bill. ferent-sex couples. are likely to come to different conclu- Mr. Speaker, I reserve the balance of The people of Alaska amended their sions, and that’s appropriate. I don’t my time. constitution to define marriage as a think there should necessarily be a Mr. MCGOVERN. Mr. Speaker, I union between one man and one woman Federal policy in that area.’’ thank the gentlewoman from North after an Alaskan trial court held deny- And those are the words of the Vice Carolina (Mrs. MYRICK) for yielding me ing the right of marriage to same-sex President of the United States, DICK the customary 30 minutes, and I yield couples violated the Alaskan constitu- CHENEY. The Vice President speaks myself such time as I may consume. tion. from very personal experience. He Mr. Speaker, this is another sad day States all across the country are loves someone who is gay, not because for the House of Representatives and moving in similar directions, but that she chose to be gay but because that is for the people that we serve. Once is not good enough for the supporters just who she is. again, some in the leadership of this of this amendment. They believe that Mr. Speaker, if this amendment House, including and especially the the only way to address this issue is to passes, discrimination against a group majority leader, have brought a divi- add discrimination to the United of people will be written into the Con- sive, unnecessary, and just plain mean- States Constitution. stitution of the United States. If this spirited bill to the floor in order to ad- Of course, the irony in all of this is amendment passes, we will be taking a vance their own partisan political in- that the Defense of Marriage Act, or step backward in our march toward terests. DOMA, was signed by President Clin- equal protection under the law. All of ton and is already the law of the land. Once again, they have decided to ig- us take an oath to uphold and defend Under DOMA, States can already nore unemployment, ignore the health the Constitution not to use it as a po- refuse to recognize marriages from care crisis, ignore record deficits, ig- litical weapon. nore national security, in short to ig- States with different policies. There are some who say that this is I guess that fact does not make for nore the real concerns of the American about protecting future generations, very good press releases or 30-second people. Why? our kids. Well, let me tell you in this You can find the answer just by look- political attack ads. Second, if this amendment becomes chamber today, I have two beautiful ing at the calendar. We are 5 weeks the law of the land, civil union and do- children, a 6-year-old son and a 3-year- from an election and there are some, mestic partnership laws all across the old daughter, who I love more than not all, but some Members on the other country will be thrown out the window. anything, and I do not want them to side of the aisle who have chosen to put Things like hospital visitation rights, grow up in a country where an entire aside the important work we need to family medical leave, and inheritance group of people is treated as second do. rights can be taken away. class citizens. By today, the 13 appropriation bills According to the Coalition Against To those, like the gentlewoman from should have been signed into law. So Discrimination in the Constitution, an Colorado (Ms. MUSGRAVE), who say this far, only one has the President’s signa- organization of civil-rights groups, is about protecting marriage, let me ture. Where is the Homeland Security labor unions, and religious organiza- ask, just whose marriage are you try- appropriation bill? Can anyone really tions, this constitutional amendment ing to protect? I am happily married, say with a straight face that a con- would likely prevent the civil unions and I do not need Members of Congress stitutional amendment beating up on enacted by the States of Vermont and to protect my marriage. Please do not gay people is more important than California. use my marriage to promote funding our Homeland Security needs? Now, we will hear a lot of talk from homophobia and discrimination. How about the recommendations of the people on the other side of the debate Mr. Speaker, this amendment is bipartisan 9/11 Commission, or the today about Massachusetts, so let me wrong. And to those of my colleagues transportation bill? How about funding talk about my home State. Our State who support this amendment today, let for schools and hospitals and veterans? Supreme Court decided in favor of me state clearly that you are on the They are nowhere to be found. Instead, same-sex marriage last year. And right wrong side of history. It is wrong to we get legislative gay bashing. Another now there is a legislative process un- tarnish our most sacred document, our sad day. derway in which the people of Massa- Constitution, with discrimination. It is Today, we are being asked to con- chusetts will have the opportunity to wrong to take a beautiful institution sider H.J. Res. 106, which would amend change our own State constitution to like marriage and use it as an instru- the United States Constitution to ban prohibit same-sex marriage, if they so ment of division and hostility. gay marriage, to ban civil unions, and choose. Mr. Speaker, I urge my colleagues to to abolish the ability of States to in- The interesting thing is that I doubt do the right thing. Help secure the terpret their own State constitutions. that it will succeed in Massachusetts. blessings of liberty for all Americans. So this is no small matter. Starting on May 17, 2004, gay men and Vote ‘‘no’’ on this amendment. It is important to note at the outset women in Massachusetts got married, Mr. Speaker, I reserve the balance of that the Constitution clearly prohibits and guess what? The world kept spin- my time. the government from interfering with ning on its axis, the sun came up the Mrs. MYRICK. Mr. Speaker, I yield the marriages performed by religious next day, people went to work, sent myself such time as I may consume to institutions. Our Founding Fathers their kids to school and cheered for the say that the gentleman from Massa- were very clear about this. The govern- Red Sox. So we are doing just fine in chusetts is aware that the Homeland ment cannot force any church or syna- Massachusetts, thank you very much. Security bill, a very complicated bill, gogue or mosque to perform a religious And we certainly do not need anyone is going through, I believe, five com- marriage. That will not change, no from Colorado or Georgia or Texas tell- mittees, and it is in that committee matter what happens today. ing us how to handle the marriage process this week and we are going to Now, there are several fundamental issue in our own State. have it on the floor next week. So it is problems with this amendment. First, The impeccably conservative Vice not that the Homeland Security bill is it has long been the tradition in this President of the United States, DICK not going to be dealt with.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.043 H30PT1 H7890 CONGRESSIONAL RECORD — HOUSE September 30, 2004 Mr. Speaker, I yield 3 minutes to the In such an environment, it is no sur- debate: No matter how advantageous gentleman from Texas (Mr. DELAY), prise to me that legal scholars on both one thinks it is, try hard to believe the majority leader. sides of this issue, from Lawrence something no one believes; it does not Mr. DELAY. Mr. Speaker, I thank the Tribe to Robert Bork, all but concede really help your cause. gentlewoman for yielding me this time, DOMA will eventually be struck down Beyond that, we have the most seri- and I rise in support of the rule before because it contradicts the tortured ju- ously misdescribed constitutional us and in support of the marriage pro- risprudence of activist judges. amendment I have ever seen. Actually tection amendment itself. Mr. Speaker, in other words, the defi- if the Republicans go forward with I am well aware that this is not a day nition of marriage will be a matter of their proposal, having created the larg- many of us in this House relish. Many constitutional law one day very soon. est deficits in our history, to require a of us who support the marriage protec- The question before us is whether that balanced budget some time in the far tion amendment are saddened that the definition will be radical and arbitrary, distant future, that may be an even need for this amendment exists at all. or based on the experience of human greater one at variance with reality. The definition of marriage seems to us, civilization dating back to the origin But here is the problem: They describe and the vast majority of the American of our species; whether that definition an amendment very different than the people, as a matter of common sense will be written by individual judges im- one they bring forward. and social reality. And many who op- posing their political biases on the Na- We have heard the gentlewoman from pose the amendment, most I would say, tion or written by the people of the North Carolina and the gentleman see the movement to protect marriage United States through their elected from Texas say this is aimed at pre- as mean spirited and unnecessary. In Representatives in Congress and State venting judges from forcing one State either case, most of us in this House legislatures. to do what another State does. It does would prefer not to have this debate. DOMA passed with broad bipartisan far more than that. At its core what it We would prefer to live in a society in support. To date, 44 States have de- does is say that no State, by whatever which such debates were unnecessary, fined marriage as the union between a process it chooses, may find that two but, unfortunately, we do not. man and a woman. Consensus exists women being willing to commit them- The question of the future of mar- today. And yet the runaway courts selves to each other legally as well as riage in America has been forced upon keep coming, bent on replacing Con- emotionally is a good thing and not a us by activist judges trying to legislate gress as the legislative authority of the bad thing, because that is the core of from the bench and forced upon us in United States. Let me be plain: The the issue. such a way that the only remaining an- status quo is not an option. Avoiding In the State of Massachusetts, it is swer is to amend the Constitution of this issue is not an option, not any- true we began with a court decision. the United States. These are the facts, more, not since the Supreme Judicial Since then, it has been debated in our Mr. Speaker. The majority of the Court of Massachusetts invented a legislature. The legislature of Massa- American people want to protect tradi- right to homosexual marriage out of chusetts very narrowly approved an tional marriage for reasons ranging thin air, and not since a State court amendment that would have said no to from the political to the religious to judge invented a similar right in Wash- same-sex marriages but would have the practical. But a minority of our ington State, not since 11 States face mandated full civil unions, which may citizens, a vocal and sincere minority, court challenges to their marriage also be thrown out by this amendment. wish to alter the definition of marriage laws. This issue is not going away. That amendment will now be debated to include relationships outside the Those who know me know I am not a next year. union of one man and one woman. fan of constitutional amendments in An election is going on in Massachu- In response to this minority opinion, general. And at first I resisted this setts today in which how people voted the American people asserted their on this is a major issue. We just had a consensus in 1996 when a Republican amendment in particular. But the fact change in the leadership of the Massa- Congress and a Democrat President can no longer be denied. If marriage is chusetts House. A speaker who opposed worked together to enact the Defense to be protected in this country, it can of Marriage Act. Its support was and only be protected by a constitutional same-sex marriage has been replaced remains bipartisan and overwhelming amendment. The timing, substance and by a speaker elected by the House of across the country. necessity of the marriage protection Representatives of Massachusetts, in DOMA says two things: First, that amendment have been forced by the turn elected by the people, who support for the purposes of Federal law, the courts and their refusal to be bound by same-sex marriage. term marriage describes a union be- the clear and absolute limits of their I think the question is very much in tween one man and one woman. And, constitutional authority to interpret doubt, but the point is undeniable; the second, it says that no State, including the law. This amendment is the only political process in Massachusetts, the Massachusetts, can force their will on way marriage will be protected. democratic process in Massachusetts, the rest of us. And no State under its Now I know it is a difficult issue, and is now deciding whether or not to allow own laws can be required to recognize I know it is an emotional issue for peo- same-sex marriage. homosexual unions licensed in other ple across the political spectrum and Mr. Speaker, the other side comes States. across this country, but it is an issue with an amendment that would cancel that has been forced. The people must any decision made on this that they do b 1300 be heard. Congress must assume its re- not like by the people of Massachu- That is the law as it currently sponsibility and must respond. This de- setts. This is not an amendment that stands: fair, straightforward, and rep- bate today will begin with that re- says one State cannot do something to resentative of an overwhelming con- sponse, and, I hope, do so as it should, another State. There would be an sensus among the American people. with civility, respect and sensitivity to amendment possible. I would not be for One would think this would be the all points of view. it, but if that is really what is meant, end of the story, but it is not. DOMA is Mr. MCGOVERN. Mr. Speaker, I yield then we would have an amendment under an incessant and coordinated 5 minutes to the gentleman from Mas- that took DOMA and made it a con- constitutional attack in the Federal sachusetts (Mr. FRANK). stitutional principle. Such an amend- courts. Despite DOMA’s obvious con- Mr. FRANK of Massachusetts. Mr. ment would be possible. I think it stitutionality, those activist judges, Speaker, to begin as the majority lead- would be a mistake. I do not think it who feel a greater responsibility to er leaves, I must say when he says that would be a good idea to freeze that, be- their own political ideology than the the timing of this, 1 month before an cause then we would have some real Constitution, seem not to care. Indeed, election when the issue has been pend- difficulties, but it would be at least in inventing rights out of whole cloth, in ing all year, when he says the timing accordance with what the other side is direct violation of the will of the peo- was forced upon him and is not effected saying because this amendment does ple, too often seems to be the coin of by political considerations, he violates far more than has been described. the realm on the Federal bench these what I would recommend to the gen- It has been a rule that I have found days. tleman is an important rule of political when people in political debate will not

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.045 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7891 be completely open about what they it my desire to impose views or attack Mr. Speaker, I yield 3 minutes to the are trying to do, it is because they any individual or anyone in a relation- gentleman from Virginia (Mr. MORAN). really know it is not defensible. Why ship in America. Mr. MORAN of Virginia. Mr. Speak- do you not acknowledge that this I am from south of Highway 40 in In- er, today we stand on the floor of the amendment would cancel a democratic diana, but I do know the difference be- people’s body, the United States House decision by the people of Massachu- tween defending and attacking. And of Representatives, with the intention setts? Indeed, if the legislature decides the truth is, as legal scholars and mil- of writing discrimination into the U.S. to get rid of this, there will be a ref- lions of Americans know, the institu- Constitution for the first time in our erendum. If the legislature does not de- tion of marriage is under attack by ac- Nation’s history. cide to get rid of it, then a fairly small tivist judges; and it brings us, as the It is not so troubling that this is po- number of people can force a ref- majority leader said so eloquently, to litically driven, what is so troubling is erendum and we will have a ref- this place, by necessity, where a con- the mean-spirited nature of this legis- erendum, very likely, in 2008. stitutional amendment is the only way lation. The marriage protection We will have had by that time the we can express the will of 3 out of 4 or amendment; what a cruel joke. It does benefit of 4 years in which same-sex more Americans who desire to continue not do anything to protect marriage in marriages happened. I understand why to have this fundamental institution of this country. It does not suggest to in- the opponents of same-sex marriage are marriage defined as it has been dividuals the importance of commu- so upset. They have made a number of throughout the millennia. nication in a successful relationship. It predictions about what will come after Activist judges have had successes does not reduce promiscuity or stop same-sex marriage, none of which will since 1999 when they convinced the unwanted pregnancies. It does not be proven true, so they are desperately Vermont Supreme Court that they strengthen people’s resolve to work trying to cut this off before it happens. should order the State legislature to through the difficulties that always We have already had nearly 5 months legalize same-sex marriage. A second come within a marriage. It does not do of same-sex marriage. None of their major victory came when they con- any of that. vinced the Massachusetts Supreme Ju- predictions were proven true, as none b 1315 of their predictions were proven true dicial Court to force that State to give when they talked about the chaos in full marriage licenses. What it does do is to single out one The activists have literally plotted a Vermont. group of people for discrimination, de- State-by-State strategy to increase the But let us understand what the House claring them forever unworthy of the number of judicial decisions mandating is being asked to do. If the concern was same legal protection that all other same-sex marriage, and the U.S. Su- to say judges could not decide this, if Americans enjoy. Further, this amend- preme Court provided potent ammuni- the concern was to say full faith and ment would usurp the will of the people tion to activists when they decided the credit does not apply, there would be in States that have used their tradi- Lawrence v. Texas case in June of last amendments that could be narrowly tional States rights authority to define year. In that case dealing with same- drafted to deal with that, although I civil marriage and civil union laws. sex sodomy, the court strongly sig- would not support them. But that is State laws passed by elected represent- naled that a right to same-sex mar- not what is here. This amendment says atives in places like Vermont will be riage could be found in the Constitu- no State, Vermont, Massachusetts, by wiped clean off the books. In situations tion. Scholars ranging from Supreme where a loved one is sick in the hos- whatever process, by referendum, by Court Justice Scalia all the way to vote of the legislature, by whatever pital, same-sex couples will once again Harvard liberal scholar and author lose the right to sit bedside and help process, can decide that it would like Lawrence Tribe agree that the Law- to have same-sex marriage for its own nurse their partner back to health. rence v. Texas case paves the way for These couples’ ability to plan their fi- citizens. this Supreme Court in this Nation’s I will say that on behalf of the citi- nancial future together and to share Capital to recognize same-sex mar- health care benefits will also be forever zens of Massachusetts, who do not riage. Same-sex couples are now chal- share the distaste for love that is ex- taken away. lenging marriage laws in States across Mr. Speaker, we already have suffi- pressed in a way in which you do not the Union, including my own little disapprove that Members of the major- cient legislation to allow individual State of Indiana. States the ability to retain and struc- ity have, please do not impose your So we come here not to attack but, ture marriage laws the way they see views on the people of Massachusetts. rather, in a spirit of civility to defend fit. I opposed and continue to oppose If your concern is genuinely to prevent an institution that is cherished and is the Defense of Marriage Act which one State from forcing another, deal so essential to the American people in passed the House back in 1996, but this with that. But this is an undemocratic the life of our Nation. effort to say no State may differ in this In closing, we are here today because law is still fully functional and in ef- intimate matter of public policy with marriage matters; because, like mil- fect. No State in the Union has to ac- your views. lions of Americans, I believe it was or- cept any other State’s laws with re- Mrs. MYRICK. Mr. Speaker, I yield 3 dained by God, instituted in the law, it spect to same-sex marriage. Since the minutes to the gentleman from Indiana is the glue of the American people, and bill’s enactment 8 years ago, it has not (Mr. PENCE). the safest harbor to raise children. Let been successfully challenged in any (Mr. PENCE asked and was given per- us adopt the rule, defend the institu- court anywhere in the country. mission to revise and extend his re- tion of marriage, and ensure that our Why, then, do we need to preemp- marks.) society’s most cherished social institu- tively amend our Constitution? Our Mr. PENCE. Mr. Speaker, I rise in tion is defined by we the people and not Constitution was meant to be a sacred strong support of the rule and of the unelected judges. document by which we protect and ex- underlying Marriage Protection Act, Mr. MCGOVERN. Mr. Speaker, I yield pand individual rights, not to take and consider this to be an extremely myself such time as I may consume. them away, not to restrict them. That important day in the life of this insti- Mr. Speaker, before I yield to the is not what our country is about, and tution and the life of this Nation. next speaker, I would like to point out thus that is not what the Constitution Let me say to the gentleman from one thing which I find particularly in- is about. That is why we ought to stand Massachusetts (Mr. FRANK) who just teresting, and that is at the recent Re- in opposition to this crass attempt to spoke, who I respect greatly as the na- publican National Convention in New politically divide the American public tional leader that he is, although I am York City, all of the featured prime- in an election year. We ought to vote a conservative and although I support time speakers that the party decided to against this. We ought to vote for the a constitutional amendment to define put on display for us, Rudy Giuliani Constitution. We ought to uphold the marriage in the terms which the over- and George Pataki and Arnold vision of our forefathers and expand whelming majority of the American Schwarzenegger, all oppose what is try- the Constitution, use it as a document people wish to continue to define it, I ing to be done today. They all oppose to protect individual rights, not to re- have no distaste for love; and neither is this constitutional amendment. strict and destroy them.

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.048 H30PT1 H7892 CONGRESSIONAL RECORD — HOUSE September 30, 2004 Mrs. MYRICK. Mr. Speaker, I yield beside. He was so big and strong. I got couples take for granted. We all have 31⁄2 minutes to the gentleman from Mis- it to go a ways and crashed into a bush. family members or friends whose hopes souri (Mr. AKIN). I came up all crying and scratched. He and dreams this amendment would Mr. AKIN. Mr. Speaker, I am pleased put me back on the bike and taught me shatter, good people whose lives should to rise today in support of the Mar- something about persevering. not be used as an election-year tactic riage Protection Amendment rule. We That is what this whole story is to distract attention from the incom- did not ask for this debate. It was about. It is about little people and petence of the Bush administration’s brought on us by activist judges who whether they are going to have a moth- planning for and the conduct of the dis- have chosen to impose on the will of er and a father. The real discrimina- mal, dismal aftermath of President the people this redefinition of mar- tion here is the activist judges who Bush’s war on Iraq and to distract at- riage. would deny children the rich advan- tention from 4 years of deteriorating Sociologists, psychologists, and other tages of a mom and a dad. If this Con- fiscal stability here at home, with experts can give us all sorts of tech- gress does not act to protect families, record yearly deficits, exploding na- nical explanations, but we all know it is a gross dereliction of our duty. tional debt, and puny job growth. from experience that kids are best off Vote to protect our children and vote Mr. Speaker, we should reject this when they have a mom and a dad. And to protect marriage. rule and this divisive, discriminatory kids are what this debate is all about. Mr. MCGOVERN. Mr. Speaker, I yield amendment. It is not about civil rights or the rights myself such time as I may consume. Mrs. MYRICK. Mr. Speaker, I yield 3 of same-sex couples. Same-sex couples Let me first say to the gentleman minutes to the gentleman from Ohio are free to live as they choose. This who just spoke, I guess I must obvi- (Mr. CHABOT). amendment does not change that. In- ously have more confidence in our Mr. CHABOT. I thank the gentle- stead, this amendment simply defines State legislatures across this country woman for yielding me this time. what marriage is, the union of one man than he does because State legislatures Mr. Speaker, my comments would be and one woman. all across this country are acting on generally around an article which ap- There are some here that would this issue. I think they are closer to peared by one of my colleagues whom I claim that traditional marriage is dis- the people of the States than in many greatly respect, the gentleman from criminating. But my question is this: respects we are. It seems to me that California (Mr. COX), who spoke out Did 342 Members of this House and this process is working. When he says against this amendment. I generally former President Clinton in their sup- that we are forced to be here, that we agree with the gentleman from Cali- port of the Defense of Marriage Act dis- cannot talk about getting a real high- fornia (Mr. COX), but I have to respect- criminate when they voted that mar- way bill, that we cannot talk about fully disagree with him on this par- riage is between one man and one health care, that we cannot talk about ticular item. woman? Are we saying that 70 percent national security issues or veterans Traditional marriage, let us face it, of the voters of my State that just said benefits or education, but we have to is under attack for the very reasons that marriage is between one man and be here and debate this right now, the that my colleague from California (Mr. one woman, are they discriminating? fact of the matter is this debate is COX) had cited in that article. We need How about 80 percent of the voters of going on all across this country, and a constitutional amendment to protect Louisiana, are they discriminating? I we should let that process make its traditional marriage from the courts. do not think so. way through. For the reasons cited by the Massachu- Activist judges are trying to institu- Mr. Speaker, I yield 3 minutes to the setts Supreme Court and the logic of tionalize a lie, that marriage is just gentleman from Massachusetts (Mr. the U.S. Supreme Court in Lawrence v. about big people’s relationships. But OLVER). Texas, we cannot trust the courts to they forget the little people, about the Mr. OLVER. Mr. Speaker, I rise in interpret the law as it was intended. children, the whole generation of kids strong opposition to this rule and to As the gentleman from California who will struggle because of the ter- the underlying amendment. (Mr. COX) cited in the article: ‘‘The ju- rible precedent set by changing the in- Mr. Speaker, soldiers and innocent dicial imagination continues to stitution of marriage. We do not have to look very far to civilians are dying every single day in thrive.’’ While I believe that rights see the results of family deterioration. Iraq, 45 million Americans are without under the 14th amendment should Whole cities have suffered terrible pov- health insurance, over 35 million Amer- evolve, there must be checks. The Mar- erty and crime because the model of icans are living in poverty, and 8 mil- riage Protection Amendment will traditional families has been weak- lion are unemployed and looking for check this imagination and protect ened. Should we now stand idly by work. Yet with only 10 days until re- marriage as it was intended. while a mere handful of activist judges cess, the leadership of this House The need for a Federal marriage seek to institutionalize the lie that wastes time on a constitutional amend- amendment is simple. The traditional marriage is disconnected from child ment that does nothing to stop the institution of marriage is under Fed- rearing? Certainly the experience in deaths of our courageous young people eral constitutional attack in the the Netherlands would tell us that we in Iraq, nothing to implement the rec- courts. Legal experts across the polit- should not. When they changed the def- ommendations of the 9/11 Commission, ical spectrum agree that the only way inition of marriage, they had many nothing to address the health care cri- to guarantee and preserve the status more children born out of wedlock. sis in this country, and nothing to cre- quo, and the traditional institution of The other night I went to dinner, and ate jobs for unemployed workers and marriage, is a Federal constitutional there was a beautiful little 16-year-old our growing population. amendment. girl there. She had never had a family. Instead, they bring forward a con- Immediately after the U.S. Supreme She said that there was one thing that stitutional amendment which, if rati- Court announced its decision in Law- she had wanted all of her life and there fied, would enshrine discrimination in rence v. Texas in June of 2003, legal ex- was only one thing she had ever wanted the United States Constitution, this perts predicted that courts would begin and that was she wanted a family. Her country’s most treasured document. to strike down traditional marriage heart was telling her the truth. Think Our Constitution has never been laws around the country. Indeed, one about what she had lost. Have you ever amended to discriminate against a par- justice, Ruth Bader Ginsburg, has al- been completely lonely? No mom? No ticular group of Americans. ready written, while serving as general dad? Nobody to turn to? Think about Gay and lesbian Americans deserve counsel to the American Civil Liberties what a family provides: the love, the the same rights, responsibilities, and Union, that traditional marriage laws affection, the security when you have a protections as other citizens. This such as anti-bigamy laws are unconsti- bad dream at night, self-discipline and amendment would deny same-sex cou- tutional and must be struck down by obedience and the grace of forgiveness ples the right to make medical deci- the courts. and sharing as opposed to selfishness. sions for a sick spouse, to share health A State constitutional amendment I remember as a kid riding a bicycle. insurance, to collect Social Security cannot solve this problem. Just ask Ne- I was trying to learn. My dad ran along death benefits, all rights that married braska, whose State constitutional

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.052 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7893 amendment is currently under Federal lican allies to local, state and federal offices. Rove’s public acknowledgment that the 2004 constitutional attack. And as the gen- Log Cabin will endorse more than 50 GOP re-election campaign would focus on turning tleman from California (Mr. COX) had candidates for the U.S. House and Senate. out four million more evangelicals who he ‘‘Every victory by fair-minded Republicans believed stayed home in 2000,’’ said acknowledged, even the Massachusetts is a victory for the future of our party. We Guerriero. The President’s initial reluctance Supreme Judicial Court relied on the have made it clear that we can either be the to amend the Constitution became full- 14th amendment, a Federal constitu- party of Arnold Schwarzenegger and Rudy fledged support on February 24th of this tional provision, to invalidate tradi- Giuliani or we can be the party of Alan year. tional marriage laws in that State. Keyes and Rick Santorum,’’ continued Log Cabin has spent most of the year fight- At least six Federal constitutional Guerriero. ing the anti-family Federal Marriage challenges to the Federal Defense of ‘‘Log Cabin has proudly supported the Amendment. This fight culminated with a Marriage Act, DOMA, are now pending President’s firm leadership in the war on ter- July victory in the Senate when a growing ror. As principled Republicans, we believe in chorus of Republican opposition of the in four States: Florida, Minnesota, our Party’s commitment to a strong na- amendment forced the pro-amendment fac- Washington, and California. A rep- tional defense and a confident foreign policy. tion to play procedural games to avoid an resentative of the Lambda Legal orga- We especially applaud the President’s leader- embarrassing loss. As many as a dozen or nization, a champion of the nationwide ship in cutting taxes for American families more Republican Senators were prepared to litigation campaign to abolish tradi- and small businesses, his belief in free mar- oppose the FMA on its merits. tional marriage laws in every State, re- ket principles and his compassionate and ‘‘During the fight over the anti-family cently stated, ‘‘We won’t stop until we historic leadership in the global fight FMA, we sadly watched as the President and against HIV/AIDS,’’ continued Guerriero. his Administration leaned on Republican have same-sex marriage nationwide.’’ ‘‘At the same time, it is impossible to members of the House and Senate to support The only way to stop the lawsuits overstate the depth of anger and disappoint- this divisive and unnecessary amendment. and to ensure the protection of tradi- ment caused by the President’s support for We watched as the President’s support for tional marriage is a constitutional an anti-family Constitutional Amendment. this anti-family amendment emboldened the amendment. This amendment would not only ban gay forces of fear and exclusion to push anti-gay Mr. MCGOVERN. Mr. Speaker, the marriage, it would also jeopardize civil ballot initiatives and legislation on the state Log Cabin Republicans, which is a very unions and domestic partnerships. For six and local level. We watched as the radical well-known group to all of us here in months, the President has made it clear right works to defeat fair-minded Repub- licans across the nation. We watched as the the Congress, a group that voted to en- what he opposes. He opposes civil marriage equality; however he has failed to articulate Republican Party Platform rejected our dorse Bob Dole in 1996 and George Bush clearly what he supports. Does he support Party Unity Plan and included language op- again in 2000, has issued a statement federal civil unions? Does he support domes- posing not only civil marriage but also civil entitled ‘‘Log Cabin Republicans Vote tic partnerships? Does he support tax fair- unions, domestic partnerships or indeed any to Withhold Their Endorsement from ness for gay and lesbian couples? Does he basic benefits for same-sex couples. At a President Bush.’’ support employment non-discrimination? time when courageous gay and lesbian mili- The statement says that it is impos- Does he support hate crimes legislation? tary personnel are helping to win the war on sible to overstate the depth of anger Does he support allowing gay and lesbian terror, the platform outrageously claims ‘ho- and disappointment caused by the service members to serve openly and hon- mosexuality is incompatible with military estly?’’ asked Log Cabin Political Director service’,’’ continued Guerriero. The GOP President’s support for an anti-family Chris Barron. ‘‘An organization’s endorse- platform language continues to target gays constitutional amendment. It goes on ment means nothing if it does not have to be and lesbians and fails to present a positive to say that using gays and lesbians as earned.’’ agenda to ensure basic fairness for millions wedge issues in an election year is un- ‘‘Some will accuse us of being disloyal. of gay Americans, who pay taxes, serve in acceptable to Log Cabin, and they con- However, it was actually the White House the military, enhance communities, and clude by saying that this year they will who was disloyal to the 1,000,000 gay and les- serve in government. withhold their endorsement of Presi- bian Americans who supported him four Throughout this challenging year Log Cabin has doubled in size and launched new dent Bush. years ago. Log Cabin’s decision was made in response to the White House’s strategic po- chapters were none existed. Log Cabin suc- The text of the article is as follows: litical decision to pursue a re-election strat- cessfully led the fight against the Federal LOG CABIN REPUBLICANS VOTE TO WITHHOLD egy catered to the radical right. The Presi- Marriage Amendment with its first ever tele- ENDORSEMENT FROM PRESIDENT BUSH dent’s use of the bully pulpit, stump speech- vision advertising campaign, worked with 18 WASHINGTON, Sept. 8.—Log Cabin Repub- es and radio addresses to support a Constitu- GOP lawmakers in passing hate crimes legis- licans are withholding their endorsement tional amendment has encouraged the pas- lation in the Senate, and continued sup- from President Bush for 2004. ‘‘Log Cabin’s sage of discriminatory laws and state con- porting and educating state and local offi- National Board has voted to withhold a Pres- stitutional amendments across America. cials. Log Cabin was proud to be the only idential endorsement and shift our financial Using gays and lesbians as wedge issues in an gay and lesbian organization to endorse Ar- and political resources to defeating the rad- election year is unacceptable to Log Cabin,’’ nold Schwarzenegger’s campaign for Gov- ical right and supporting inclusive Repub- continued Guerriero. ernor of California. Log Cabin also was proud lican candidates for the U.S. Senate and ‘‘At the same time that we saw record to see many of its closest allies speaking in House of Representatives,’’ said Log Cabin numbers of gay and lesbian delegates at the primetime at the Republican National Con- Board Chairman William Brownson of Ohio. Republican National Convention, and at the vention. ‘‘It is not surprising to anyone at The Log Cabin Board of Directors voted 22 to same convention where we saw hundreds of Log Cabin that the President’s first real 2 not to endorse the President’s re-election. fair-minded Republicans gather to support bounce in the polls came after a convention ‘‘Certain moments in history require that Log Cabin and our allies, our party’s plat- that highlighted inclusive Republicans and a belief in fairness and equality not be sac- form adopted vicious and mean-spirited lan- focused on unifying issues such as winning rificed in the name of partisan politics; this guage that marginalizes gay and lesbian the war on terror. Log Cabin knows that the is one of those moments. The national Americans.’’ 2006 and 2008 elections will highlight a new board’s vote empowers Log Cabin to main- Log Cabin’s 2000 endorsement of the Bush/ generation of inclusive Republican leaders,’’ tain its integrity while furthering our goal Cheney ticket came during an election where said Guerriero. of building a more inclusive Republican the Republican nominee ran a compassionate Log Cabin calls on both major parties to Party. Log Cabin is more committed than conservative campaign that avoided culture return to the issues that unite the American ever to its core mission to build a stronger war issues. After meeting with gay Repub- family instead of fueling an unnecessary cul- and more inclusive Republican Party. There licans in 2000, Mr. Bush declared ‘‘I am a bet- ture war. Log Cabin also denounces the con- is a battle for the heart and soul of the Re- ter man,’’ and welcomed gays and lesbians as tinued flip-flops on gay and lesbian issues publican party, and that fight is bigger than valued parts of the American family. The from Democratic nominee John Kerry. Sen- one platform, one convention, or even one early days of the Bush administration were ator Kerry has repeatedly made clear his op- President,’’ said Log Cabin Republicans Ex- marked by significant victories—maintain- position to civil marriage equality and has ecutive Director Patrick Guerriero. ing existing anti-discrimination protections supported discriminatory constitutional The vote by Log Cabin’s 25 member na- for federal employees, appointing openly gay amendments in Massachusetts and Missouri. tional board marks the first time since the employees throughout the Administration, a Log Cabin is firmly committed to seeing organization opened a national office in continuing dialogue with our organization, inclusive Republicans elected in 2004. Log Washington, DC in 1993 that the organization and the extension of survivor benefits to gay Cabin will continue to oppose and expose any has not endorsed the Republican nominee for and lesbian partners who lost loved ones on efforts to marginalize gays and lesbians. We President. Log Cabin endorsed Bob Dole in 9/11. also will continue to make it clear that the 1996 and George W. Bush in 2000. Unfortunately these early successes were only way the GOP can continue as the ma- Log Cabin will devote its financial and po- short-lived. ‘‘Last year, a dramatic and dis- jority party is to reach out to all Americans. litical resources to elect fair-minded Repub- appointing shift occurred rooted in Karl Log Cabin also will continue to make it clear

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K30SE7.053 H30PT1 H7894 CONGRESSIONAL RECORD — HOUSE September 30, 2004 that the gay and lesbian community can re- mental to the stability of society, is America, and all too often courts are alize full equality only if it works on build- put at risk. trying to do that for us. ing new alliances with conservative and cen- So I am in strong support of this rule Today, we are here to protect the trist Americans. and the bill that follows. very definition of marriage. The Amer- ‘‘The battle for the heart and soul of the Mr. MCGOVERN. Mr. Speaker, I yield ican people have spoken very clearly Republican Party has just begun. We are confident that the politics of inclusion and myself such time as I may consume. time after time about the importance hope will prevail over the politics of exclu- I would just point out to the gen- of defending the traditional view of sion and fear. History, fairness and common tleman who just spoke that there is no marriage. This amendment does not decency are on our side,’’ concluded law in this country that forces any prohibit any consensual behavior be- Guerriero. given religion to recognize any par- tween any two American citizens. It Last week, Log Cabin launched a new tele- ticular marriage. Religions are sepa- does not prevent any two people from vision advertising campaign to take this rate from what we are talking about behaving however they would like. fight for the GOP’s future directly to the here today. I just want to remind the What it does do is to defend for our American people. The ad makes it clear that children, for our posterity, the tradi- the party has a choice. We can be the party gentleman that there are non-Chris- of hope, in the best tradition of Ronald tians who live in this Nation as well, tional, historic definition of marriage. Reagan, by uniting around issues that bring and I would hope that he would believe It is unfortunate that the will of the Republicans together, like winning the war that this country is equally theirs as people increasingly is being violated by on terror; or the party can divide Americans well. activist judges so that they can impose with the politics of intolerance and fear that Mrs. MYRICK. Mr. Speaker, I yield 1 like philosopher-kings their view of a only lead to hate. minute to the gentleman from Mary- better way to do things, and they have Mr. Speaker, I reserve the balance of land (Mr. BARTLETT). certainly come up with a better way to my time. Mr. BARTLETT of Maryland. Mr. do traditional family life. And they are Mrs. MYRICK. Mr. Speaker, I yield Speaker, I would note that I had men- going to, as they did in Massachusetts, 21⁄2 minutes to the gentleman from tioned that not only Christian nations try to impose it on all Americans. Maryland (Mr. BARTLETT). but every society through 5,000 years of Thomas Jefferson, near the end of his (Mr. BARTLETT of Maryland asked recorded history has recognized the in- life, wrote in a letter to Edward Liv- and was given permission to revise and stitution of marriage as being essential ingston on March 25, 1825: ‘‘One single extend his remarks.) to the stability of their society. We are object . . . will merit the endless grati- Mr. BARTLETT of Maryland. Mr. a Christian society, but I recognize tude of society: that of restraining the Speaker, there seems to be some confu- that every other society, no matter judges from usurping legislation.’’ sion as to what constitutes marriage. what their origin, has certified that Mr. Speaker, with that, I beg Con- In the Christian community, and we marriage is important to the stability gress to protect marriage, protect our children, protect our future. Vote for are a Christian Nation, you can affirm of their society. It is to ours. It was to this amendment. that by going back to our Founding theirs. Mr. MCGOVERN. Mr. Speaker, I yield I support the rule, and I support the Fathers and their belief in how we myself such time as I may consume. started, among Christians, marriage is bill. I would like to read a Q and A be- Mr. MCGOVERN. Mr. Speaker, I re- generally recognized as having started tween Vice President DICK CHENEY and in the Garden of Eden. You may go serve the balance of my time. a questioner in Davenport, Iowa, on back to Genesis to find that and you Mrs. MYRICK. Mr. Speaker, I yield 2 August 24, 2004, because I think it helps will note there that God created Adam minutes to the gentleman from Florida to kind of put this in perspective, and and Eve. He did not create Adam and (Mr. FEENEY). maybe some of my colleagues should Steve. A union between other than a Mr. FEENEY. Mr. Speaker, I thank listen to this. man and a woman may be something the gentlewoman for yielding me this The question was: ‘‘We have a battle legally, but it just cannot be a mar- time. here on this land as well. And I would riage, because marriage through 5,000 I have to tell the Members I cannot like to know, sir, from your heart, I years of recorded history has always imagine a more important debate, don’t want to know what your advisors been a relationship between a man and sadly, that we must have. The question say or even what your top advisor a woman. is whether or not the United States thinks, but I need to know, what do House of Representatives is going to sit b 1330 you think about homosexual mar- idly by and be silent while activist rad- riages?’’ More than just Christian societies ical judges unravel the very fabric of And the Vice President responded: have marriage. And why would every our society by undoing the basic build- ‘‘Well, the question has come up obvi- recorded society through 5,000 years of ing block that has made this and every ously in the past with respect to the recorded history, why would they all civilization that has ever been success- question of gay marriage. Lynn and I have marriage as a union between a ful a success. have a gay daughter, so it’s an issue man and a woman? It is because soci- What we have got to recognize is that that our family is very familiar with. eties, one and all, have recognized that we have an obligation as a Congress We have two daughters, and we have marriage is a very important institu- here. Yes, there are three separate and enormous pride in both of them. tion. And why is it important? It is be- equal branches of government in the They’re both fine young women. They cause the usual product of marriage is United States under our wonderful do a superb job, frankly, of supporting children. And the state, or the tribe or Constitution given to us from the us. And we are blessed with both our whatever the organization is, all Founders. However, it is unfortunate daughters. through history recognized that there that all too often lately, the judicial ‘‘With respect to the question of rela- is a responsibility for the assurance branch has essentially forced legisla- tionships, my general view is that free- that the children brought into the ture into drafting reactions to what dom means freedom for everyone. Peo- world as a result of marriage are going they have invaded, which is the terri- ple ought to be able to be free, ought to to be cared for, which is why all of tory of the Congress in making laws for be free to enter into any kind of rela- these societies have recognized that the country. And thus this constitu- tionship they want to. The question children should not be born out of that tional amendment is absolutely nec- that comes up with respect to the issue relationship, and that relationship is essary. of marriage is what kind of official fundamentally there to make sure that Of course, a healthy jealousy between sanction or approval is going to be their society is going to be perpetuated the three branches is always a good granted by government, if you will, to because children are going to be cared thing. It was designed by Madison and particular relationships. Historically, for, if not by the parents, then by the the Framers in order to have a give and that’s been a relationship that has society that has recognized this rela- take between the three branches. But been handled by the States. The States tionship. it is emphatically within the province have made that basic fundamental de- I think that a society is at risk when of the Congress to make laws that af- cision in terms of defining what con- the institution of marriage, so funda- fect the people of the United States of stitutes a marriage. I made clear 4

VerDate Aug 04 2004 03:04 Oct 01, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A30SE7.020 H30PT1 September 30, 2004 CONGRESSIONAL RECORD — HOUSE H7895 years ago, when I ran and this question Let me read one other quote here. ‘‘It The text of House Joint Resolution came up in the debate I had with JOE seems to me that the power to regulate 106 is as follows: LIEBERMAN, that my view was that ’commerce’ can by no means encom- H.J. RES. 106 that’s appropriately a matter for the pass authority over mere gun posses- Resolved by the Senate and House of Rep- States to decide and that’s how it sion any more than it empowers the resentatives of the United States of America in ought to be best handled.’’ Federal Government to regulate mar- Congress assembled (two-thirds of each House I very rarely agree with the Vice riage, littering, or cruelty to animals concurring therein), That the following article President of the United States, but I throughout the 50 States. Our Con- is proposed as an amendment to the Con- think he makes an awful lot of sense stitution quite properly leaves such stitution of the United States, which shall be on this issue, and I think he makes a matters to the individual States.’’ And valid to all intents and purposes as part of the Constitution when ratified by the legis- compelling case why we should not be that is from the words of Supreme latures of three-fourths of the several States: moving forward with a constitutional Court Justice Clarence Thomas in U.S. ‘‘ARTICLE — amendment. v. Lopez. Mr. Speaker, I reserve the balance of Mr. Speaker, today, we have the op- ‘‘SECTION 1. SHORT TITLE. my time. portunity to do the right thing. We ‘‘This Article may be cited as the ‘Mar- riage Protection Amendment’. Mrs. MYRICK. Mr. Speaker, I yield 2 have the opportunity to reject the poli- ‘‘SECTION 2. MARRIAGE AMENDMENT. minutes to the gentleman from South tics of division and discrimination. We ‘‘Marriage in the United States shall con- Carolina (Mr. BARRETT). have the opportunity to protect the sist solely of the union of a man and a Mr. BARRETT of South Carolina. Constitution of the United States, to woman. Neither this Constitution, nor the Mr. Speaker, I thank the gentlewoman stay on the path toward equal protec- constitution of any State, shall be construed for yielding me this time. tion under the law for every single to require that marriage or the legal inci- Mr. Speaker, this afternoon, we will American. We have the opportunity to dents thereof be conferred upon any union debate and vote on the Marriage Pro- act in a way that reflects well on this other than the union of a man and a tection Amendment. And let us be institution and the people we are elect- woman.’’. clear. This debate today is not about ed to serve. The SPEAKER pro tempore. Pursu- denying anyone rights. This is ensuring I am encouraged, Mr. Speaker, by the ant to House Resolution 801, the Chair that the will of the people is protected. number of Republicans who will vote at any time may postpone further con- My home State of South Carolina is ‘‘no’’ on this misguided constitutional sideration of the joint resolution until one of 44 States that has already en- amendment today. And I am proud to a time designated by the Speaker. acted laws defining marriage as a stand with them. The gentleman from Texas (Mr. union between a man and a woman. We will hear a lot about Massachu- DELAY) and the gentleman from Michi- They voted, and they decided how mar- setts today. A son of our State named gan (Mr. CONYERS) each will control 1 riage should be defined. So I stand here John F. Kennedy once said, ‘‘The heart hour and 15 minutes. today as their representative, won- of the question is whether all Ameri- The Chair recognizes the gentleman dering why that will and that the will cans are to be afforded equal opportu- from Texas (Mr. DELAY). of over 70 percent of Americans nation- nities, whether we are going to treat Mr. DELAY. Mr. Speaker, I yield 7 wide should be tossed aside because a our fellow Americans as we want to be minutes to the distinguished gentle- few activist judges disagree. treated.’’ Mr. Speaker, that is indeed woman from Colorado (Mrs. Unfortunately, as we stand here the heart of the question. MUSGRAVE), the author of this amend- today, we are faced with the fact that I urge my colleagues to seize this op- ment. a handful of these judges have taken it portunity, vote ‘‘no’’ on this constitu- Mrs. MUSGRAVE. Mr. Speaker, I rise upon themselves to hand down rulings tional amendment. to speak in favor of the proposed mar- that in effect amend the Constitution Mr. Speaker, I yield back the balance riage protection amendment to the of the United States. They have cir- of my time. Constitution of the United States of cumvented the democratic process Mrs. MYRICK. Mr. Speaker, I yield America. with their rulings. Therefore, the deci- back the balance of my time, and I Before addressing the merits of the sion we are now left with is not wheth- move the previous question on the res- marriage protection amendment, I er the Constitution will be amended olution. want to thank the gentleman from Illi- but who will amend it, activist judges The previous question was ordered. nois (Speaker HASTERT) and the gen- or the American people. The resolution was agreed to. tleman from Texas (Mr. DELAY) for Every American should have the op- A motion to reconsider was laid on bringing this bill up. portunity to vote on this important the table. I know there are some in Congress issue. The institution of marriage de- f and the media who do not believe tradi- serves protection. It is our most basic tional marriage rises to the level of im- social institution for protecting chil- GENERAL LEAVE portance to be considered on the floor dren. Preserving it sends a message to Mr. DELAY. Mr. Speaker, I ask unan- today. our children about marriage and tradi- imous consent that all Members may The American people disagree with tional family life and values. have 5 legislative days within which to them. This bill is about protecting the Mr. Speaker, I hope my colleagues revise and extend their remarks and in- institution of marriage, which, as the will join me today in supporting the clude extraneous material on H.J. Res. Supreme Court said many years ago, is marriage protection amendment. It is 106. ‘‘the foundation of the family and of time to get the debate back where it The SPEAKER pro tempore. Is there society, without which there would be belongs, with the American people. objection to the request of the gen- neither civilization nor progress.’’ Mr. MCGOVERN. Mr. Speaker, I yield tleman from Texas? b 1345 myself such time as I may consume. There was no objection. I would just like to read a couple of f Since Labor Day, this Congress has other quotes here which I think are en- spent time renaming post offices and lightening. One from JOHN MCCAIN, Re- MARRIAGE PROTECTION Federal buildings, Mr. Speaker. If we publican Senator from Arizona where AMENDMENT have enough time to rename post of- he said: ‘‘The constitutional amend- Mr. DELAY. Mr. Speaker, pursuant fices and Federal buildings, surely we ment we’re debating today strikes me to House Resolution 801, I call up the have enough time to spend an after- as antithetical in every way to the core joint resolution (H.J. Res. 106) pro- noon considering whether the very philosophy of Republicans.’’ He added, posing an amendment to the Constitu- foundation of traditional marriage will the amendment ‘‘usurps from the tion of the United States relating to endure another 200 years. States a fundamental authority they marriage, and ask for its immediate On one matter, however, I do agree have always possessed and imposes a consideration. with the opponents of this bill: We federal remedy for a problem that most The Clerk read the title of the joint should not lightly undertake to amend States do not believe confronts them.’’ resolution. the Constitution. In the 213 years since

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