E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION Vol. 152 WASHINGTON, WEDNESDAY, JUNE 7, 2006 No. 71 Senate The Senate met at 9 a.m. and was Senator from the State of Kansas, to per- When we return at noon, we have set called to order by the Honorable SAM form the duties of the Chair. aside debate times on two issues. First, BROWNBACK, a Senator from the State TED STEVENS, from 12 o’clock to 3 o’clock, we will be of Kansas. President pro tempore. debating the motion to proceed to the Mr. BROWNBACK thereupon as- repeal of the death tax. A cloture mo- PRAYER sumed the chair as Acting President tion was filed on proceeding to the The Chaplain, Dr. Barry C. Black, of- pro tempore. death tax repeal. That vote will occur fered the following prayer: f tomorrow morning. We have also set Let us pray. RESERVATION OF LEADER TIME aside debate from 3 o’clock to 6 o’clock Great Shepherd of us all, remind us on the motion to proceed to the Native The ACTING PRESIDENT pro tem- that You will not permit us to be test- Hawaiians measure. The cloture vote pore. Under the previous order, the ed beyond our strength. Inspire us in will occur on that motion to proceed leadership time is reserved. the face of great challenges by the fact during tomorrow’s session, as well. that You have weighed the difficulties f I add that this week we have other and will give us the power to meet MARRIAGE PROTECTION AMEND- matters to consider, including some them. Make us grateful for the oppor- MENT—MOTION TO PROCEED nominations. We hope to reach agree- ments to consider Sue Schwab to be tunities to express our love for You by The ACTING PRESIDENT pro tem- U.S. Trade Representative, the Assist- cheerfully bearing our crosses. pore. Under the previous order, the ant Secretary of Labor for Mine Safety Strengthen our Senators. Do not re- Senate will resume consideration of and Health, and several available dis- move their mountains, but give them the motion to proceed to S.J. Res. 1, trict judges who are on the Executive the energy to climb them. Lead them which the clerk will report. Calendar. We will be scheduling those around life’s stumbling blocks to a des- The bill clerk read as follows: tination that brings glory to You. for consideration through the remain- Motion to proceed to the consideration of ing days this week. We pray in Your powerful Name. S.J. Res. 1, proposing an amendment to the RECOGNITION OF THE MINORITY LEADER Amen. Constitution of the United States relating to marriage. The ACTING PRESIDENT pro tem- f The ACTING PRESIDENT pro tem- pore. The Democratic leader is recog- nized. PLEDGE OF ALLEGIANCE pore. Under the previous order, the time until 9:40 shall be equally divided VOTING The Honorable SAM BROWNBACK led between the two leaders or their des- Mr. REID. Mr. President, my only re- the Pledge of Allegiance, as follows: ignees. sponse would be on this side of the I pledge allegiance to the Flag of the aisle, we will be voting on the estate RECOGNITION OF THE MAJORITY LEADER United States of America, and to the Repub- tax. lic for which it stands, one nation under God, The majority leader is recognized. The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. SCHEDULE pore. The Senator from Wisconsin is Mr. FRIST. Mr. President, this morn- f recognized. ing we will have a brief period for clos- Mr. FEINGOLD. Mr. President, we APPOINTMENT OF ACTING ing remarks prior to the 10 a.m. vote will shortly be voting on what will pre- PRESIDENT PRO TEMPORE on the Marriage Protection Amend- sumably be the 28th amendment to the ment. That vote will be on a vote for U.S. Constitution. We all know the The PRESIDING OFFICER. The cloture on the motion to proceed to outcome of that vote. The amendment clerk will please read a communication S.J. Res. 1. will fall well short of the 60 votes re- to the Senate from the President pro Following the 10 o’clock vote, the quired for cloture, let alone the 67 tempore (Mr. STEVENS). Senate will recess in order to attend a votes required to pass a constitutional The legislative clerk read the fol- joint meeting with the House for the amendment, so it will fail, as it did 2 lowing letter: President of the Republic of Latvia, years ago. I am pleased that the Senate U.S. SENATE, who will be addressing both Houses at will reject this amendment. PRESIDENT PRO TEMPORE, 11 o’clock this morning. Senators I am heartened so many Senators Washington, DC, June 7, 2006. To the Senate: should remain in the Chamber fol- have come to the Senate to speak out Under the provisions of rule I, paragraph 3, lowing the vote so we may leave at ap- strongly against this misguided pro- of the Standing Rules of the Senate, I hereby proximately 10:40 for that joint meet- posal, but I am saddened that once appoint the Honorable SAM BROWNBACK, a ing. again the Senate has spent several ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S5517 . VerDate Aug 31 2005 00:34 Jun 08, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07JN6.000 S07JNPT1 hmoore on PROD1PC68 with HMSENATE S5518 CONGRESSIONAL RECORD — SENATE June 7, 2006 days on such a divisive and unneeded Gay Americans are our neighbors, at it by a different route, it says it has proposal, a proposal that pits Ameri- our friends, our family members, and to go through the legislature. It can’t cans against one another. I think it ap- our colleagues. Millions are loving par- be forced by the court. What is wrong peals to people’s worst instincts and ents in strong and healthy families. with that? prejudices. Let’s not demonize them. Let’s not I find it a sad prospect that we might The arguments made by supporters of play upon fears. Let’s not use them as not be able to pass this 90 to 10. Mar- the amendment simply do not hold up scapegoats for perceived social prob- riage is a foundational institution. It is under scrutiny. Supporters argue that lems. Let’s allow—in fact, let’s encour- under attack by the courts. It needs to Federal courts are basically on the age—States to extend rights and re- be defended in this way by defining it brink of recognizing same-sex marriage sponsibilities to these decent, loving, as the union of a man and a woman as and that States may be forced to recog- law-abiding families. We can start 45 of our 50 States have done. If it is nize same-sex marriage performed in today by rejecting this unnecessary, going to be defined otherwise, it must other States. Of course, neither of mean-spirited and poorly drafted con- be done by the legislatures and not by these things have happened, and no one stitutional amendment. the courts. has explained why we should do a pre- I yield the floor and suggest the ab- This morning we are going to vote on emptive strike on the basic governing sence of a quorum. a constitutional amendment to define document of the country to address a The ACTING PRESIDENT pro tem- marriage as the union of a man and a hypothetical future court decision. pore. The clerk will call the roll. woman. This is about who is going to Supporters talk about traditional The bill clerk proceeded to call the determine the definition, whether it is marriage but in some ways have very roll. the courts or the legislative bodies. little respect for the traditional role of Mr. FEINGOLD. Mr. President, I ask The amendment is about how we are the States in regulating marriage. If unanimous consent that the order for going to raise the next generation. How they did, they would not be trying to the quorum call be rescinded. are they going to be raised? It is a fun- impose a restrictive Federal definition ACTING PRESIDENT pro tempore. damental issue for our families and for of marriage on all States for all time. Without objection, it is so ordered. our future. It is an issue for the people. The supporters argue that this amend- Mr. FEINGOLD. Mr. President, I ask It is not an issue that the courts should ment will not effect the ability of the time during the quorum call be resolve. Those of us who support this State legislatures to extend benefits to equally divided on both sides. amendment are doing so in an effort to same-sex couples or enact civil unions, The ACTING PRESIDENT pro tem- let the people decide. but as I tried to point out in some pore. Without objection, it is so or- There has been a lot of eloquent de- depth yesterday, even the legal experts dered. bate about this constitutional amend- who would support this constitutional Mr. FEINGOLD. I suggest the ab- ment. I have been on the Senate floor amendment cannot even agree about sence of a quorum. most of the time. I have heard very lit- The ACTING PRESIDENT pro tem- its potential effect and scope.