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.