President George Bushs announcement in support of a constitutional marriage
amendment came following months of news related to same-sex marriage.
President George Bushs announcement in support of a constitutional marriage
amendment came following months of news related to same-sex marriage.
The following “Q&A” (question and answer) summarizes recent events
and seeks to answer common questions:
Why did President Bush make this announcement now?
Bush said he believes that events in San Francisco and Massachusetts are threatening
the national definition of marriage. In his words, “attempts to redefine
marriage in a single state or city could have serious consequences throughout
the country.”
What is going on in San Francisco?
The city has begun issuing marriage licenses to same-sex couples, despite the
fact that state law bans such unions. Thousands of homosexual couples received
marriage licenses from the city within a matter of days. Pro-family groups have
sued the city, attempting to have the licenses declared invalid. Meanwhile,
the city has sued the state, seeking to overturn Californias ban against
same-sex marriage.
What is going on in Massachusetts?
In November, the states highest court issued a landmark ruling, stating
that same-sex couples could not be denied marriage licenses under the Massachusetts
constitution. The court then stayed its decision for 180 days, meaning that
its ruling will take effect in mid-May, and Massachusetts then could become
the first state officially to recognize same-sex marriages.
Can it not be appealed to the U.S. Supreme Court?
No. Since the court based its decision on the Massachusetts Constitution and
not the U.S. Constitution, legal experts say it cannot be appealed immediately
to the U.S. Supreme Court.
So, what can be done?
Legislators in Massachusetts are debating a state constitutional amendment
that would ban same-sex marriages. However, because of state law, the amendment
would have to pass two consecutive sessions before it goes to the voters. That
would be 2006 at the earliest. Also, legislators in the Bay State are divided.
They met once and failed to pass an amendment and are scheduled to meet again
March 11.
So, can anything be done before 2006?
Massachusetts politicians are not sure. One option involves the governor issuing
an executive order telling officials not to grant marriage licenses to same-sex
couples. But if nothing is done, same-sex marriage in the state apparently will
become legal in May.
Is this the first time a state court has ruled for same-sex “marriage”?
No, although it is the first time that a state supreme court has gone this
far in its decision. In the 1990s, state courts in Hawaii and Alaska issued
rulings for same-sex marriages, but voters in both states amended their constitutions
to define marriage as between one man and one woman. The ruling in Hawaii led
to the passage of the Federal Defense of Marriage Act.
Whats the Defense of Marriage Act?
Passed in 1996 and signed by President Bill Clinton, the act does two things.
First, it says that the federal government will not recognize same-sex marriages
from any state. Second, it gives states the option of passing their own “mini-Defense
of Marriage Acts,” therefore not recognizing a same-sex marriage from another
state. Thirty-eight states have passed such an act. Massachusetts is one of
12 states without one.
So, what is the need for a federal constitutional amendment?
Although the legal profession is divided on this issue, many scholars and lawyers
believe that the Federal Defense of Marriage Act could be struck down in federal
court on the grounds that it violates the U.S. Constitutions Full Faith
and Credit Clause. That clause states that “full faith and credit”
must be given in each state to the public acts, records, and judicial proceedings
of every other state. If the courts equate marriage licenses with “public
acts” and “records,” then it could be struck down.
Could same-sex marriages then become national law?
Yes. Once Massachusetts officially legalizes same-sex marriage, a couple can
acquire a marriage license, move out of state and sue in federal court to have
the license recognized in, say, Pennsylvania. This is where the full faith and
credit clause applies.
Has a constitutional amendment been introduced in Congress?
Yes. The Federal Marriage Amendment would ban same-sex marriages while allowing
states to define civil unions and other marriage-type contracts for homosexuals.
It reads: “Marriage in the United States shall consist only of the union
of a man and a woman. Neither this Constitution, nor the Constitution of any
State, nor State or Federal law, shall be construed to require that marital
status or the legal incidents thereof be conferred upon unmarried couples or
groups.” A second proposal – The Institution of Marriage Amendment
– has yet to be introduced and would ban both same-sex marriages and civil
unions. It reads: “Marriage in the United States shall consist only of
the union of a man and a woman. Neither the United States nor any state shall
recognize or grant to any unmarried person the legal rights or status of a spouse.”
What version of the amendment does Bush support?
He has not said. During his announcement, Bush said he supports an amendment
that would protect the traditional definition of marriage but would leave Vermont-type
civil unions up to the states. Supporters of the Federal Marriage Amendment
say that their amendment meets this standard.
What is a civil union?
Legal only in Vermont, civil unions give same-sex couples most of the benefits
of marriage without using the word “marriage.” Sometimes, they also
are called “domestic partnerships.” Some pro-family leaders call them
“faux marriages.”
Why does Bush not support an amendment banning civil unions?
He did not say, although it could be because he does not believe it is politically
feasible. While governor of Texas, he opposed civil unions there.
Where do the other presidential candidates stand on an amendment?
The two leading Democrats – John Kerry and John Edwards – say they
oppose an amendment but also oppose same-sex marriage. Kerry has pledged to
vote against the amendment if it reaches the Senate floor.
How does an amendment pass?
Two-thirds of the members of the House of Representatives (290) and Senate
(67) first must pass it. Then, it must be ratified by three-fourths (38) of
the states.
What do polls show on this issue?
Polls show that Americans oppose same-sex marriages by a margin of two-to-one.
Most polls have opposition at more than 60 percent. Support for an amendment
is less – no higher than 55 percent. (BP)
(For more information on the same-sex marriage debate, visit the Baptist Press
story collection at www.bpnews.net/samesexmarriage)