Published: 02.25.2004
By Elisabeth Bumiller
THE NEW YORK TIMES
| What's next? First Congress would need to take up the issue. Passage requires a two-thirds majority in the House and the Senate. Rep. Marilyn Musgrave, R-Colo., has already proposed legislation - co-sponsored by three Arizonans - that defines marriage as the union of a woman and a man. However, House Majority Leader Tom DeLay, R-Texas, said Republican lawmakers aren't united on whether the Constitution should be amended or what such an amendment would say. Reaching a consensus is "going to take some time," he said. After Congress, a proposal goes to state legislatures. At least 38 must approve it. The president has no formal role in the process and cannot veto amendments or state ratification. The history The Constitution has been amended 27 times since it was ratified in 1789. But getting an amendment passed is difficult. In 1989, after a Supreme Court ruling that permitted flag burning, the first President Bush proposed a constitutional amendment. It has repeatedly passed the House but not the Senate. To call Ariz. lawmakers: ° 1-800-352-8404, toll-free legislative switchboard in Phoenix. ° 398-6000 is the Legislature's Southern Arizona satellite site. ° 1-800-253-0883, toll-free to the Governor's Office. From staff and wire reports Marriage laws now The 1996 Defense of Marriage Act defined marriage for purposes of federal law as the legal union between one man and one woman. It was passed by both chambers and signed by President Bill Clinton. President Bush said 38 states have similar laws. None of that has stopped them from coming under siege in the courts, Bush said. Arizona angle There are 12,332 same-sex-partner households in Arizona, according to the 2000 Census. Most Arizonans appear to support Bush's position. A new statewide survey says 62 percent of those asked believe marriage should be allowed solely between two people of the opposite sex. Twenty-eight percent said they support same-sex unions, in the survey of 430 registered voters conducted in the past week by pollster Bruce Merrill for KAET-TV, a PBS affiliate. Arizona lawmakers already are moving in that direction. The House Judiciary Committee voted last week to ask Congress to add a constitutional provision restricting marriage to a man and a woman. The same proposal, which awaits House floor action, also spells out that neither the U.S. nor any state constitution could be construed to require that unmarried couples be given the equivalent of marital status "or the legal incidents thereof." Arizona already has a law that limits marriage to a man and a woman. That is being challenged before the Arizona Supreme Court by two Phoenix men who charge that the restriction violates their state and federal constitutional rights. Gov. Janet Napolitano has said she opposes permitting gays to marry but also does not believe the federal or state constitution should be amended. What Arizona's congressional delegation says Sen. John McCain, Republican: "Marriage should be limited to a man and a woman. My preference is for the states to resolve this issue. I will reserve judgment on a constitutional amendment until I am able to carefully review the language." Sen. Jon Kyl, Republican: "Unless Congress acts to protect marriage through a constitutional amendment, a handful of activist judges will have succeeded in effectively amending the Constitution themselves by creating new legal rights that never before existed." Rep. Jim Kolbe, Tucson Republican, who is gay: "I oppose an amendment to the U.S. Constitution to limit the rights of one group of Americans. Never before has it been proposed that our Constitution be used to limit the rights of citizens rather than expand those rights. We must not start down such a dangerous path now." Rep. Raúl Grijalva, Tucson Democrat: "I oppose this proposed amendment because it is an insult to all families, their dignity and their contributions as citizens of this nation." Rep. Jeff Flake, Mesa Republican: "I believe that the president recognizes that it's more appropriate to let the people decide this issue through their elected representatives rather than judges." Rep. John Shadegg, Phoenix Republican: "The president is right. … Same-sex marriages created by judicial fiat, or in violation of duly enacted laws, will only create more division and dissent. Marriage is the sacred union of a man and woman." ° Flake, Shadegg and Republican Reps. Trent Franks of Glendale and J.D. Hayworth of Scottsdale are among 112 co-sponsors of Colorado Republican Rep. Marilyn Musgrave's resolution to amend the Constitution to ban same-sex marriage.. Contacting Southern Arizona's delegation ° Sen. John McCain: Tucson 670-6334; Washington 1-202-224-2235; mccain.senate.gov/ ° Sen. Jon Kyl: Tucson 575-8633; Washington 1-202-224-4521; kyl.senate.gov/ ° Rep. Jim Kolbe: Tucson 881-3588; Washington 1-202-225-2542; www.house.gov/kolbe ° Rep. Raúl Grijalva: Tucson 622-6788; Washington 1-202-225-2435; www.house.gov/grijalva Voices "I don't think anybody's civil right should be up for a popular vote. Civil rights aren't always popular, but that doesn't mean they're wrong. Writing discrimination into the Constitution is not what this country is supposed to be about." - Sal Risinger, Tucson woman who married her partner, Deb, in San Francisco "Call it same-sex marriage, civil unions or domestic partnership, it is all part of a carefully calculated campaign to provide the appearance of normalcy to homosexual behavior. It will be unmasked and defeated." - The Rev. Louis P. Sheldon, founder of the Traditional Values Coalition in Washington, D.C. ° Star reporter C.J. Karamargin and Howard Fischer of Capitol Media Services contributed to this story. NewsTalk °Is a constitutional amendment the best way to deal with the gay marriage issue, or should it be left to the states and courts to decide? Share your thoughts on NewsTalk. Responses will be published on Thursday's Opinion page. A sample will be selected to offer a range of opinions. Include your name, a phone number for verification and information about yourself, such as occupation. Comments should reach us by noon. E-mail: newsq@azstarnet.com. Limited to four sentences. Phone messages: 434-4094. Please spell your name. Responses become Star property. |
. WASHINGTON - President Bush on Tuesday declared his support for an amendment
to the Constitution that would ban gay marriage, saying that the union of a
man and a woman is "the most fundamental institution of civilization"
and that it cannot be separated from its "cultural, religious and natural
roots" without weakening society.
In a five-minute announcement in the Roosevelt Room of the White House, Bush
said he was acting because "activist judges" had made aggressive efforts
to redefine marriage, and that preserving the institution was now a matter of
national importance.
Massachusetts is under court order to begin issuing same-sex marriage licenses
on May 17 and San Francisco's City Hall has been transformed into a wedding
chapel in recent weeks for thousands of gay and lesbian couples.
Mayor Gavin Newsom of San Francisco responded defiantly on Tuesday to the president's
remarks.
Bush said states should be permitted to have gay civil unions, even though White
House officials said Bush would not have endorsed such unions when he was governor
of Texas.
"The amendment should fully protect marriage while leaving the state legislatures
free to make their own choices in defining legal arrangements other than marriage,"
said Bush, who took no questions from reporters and left the room after completing
his remarks.
Bush was acting under enormous pressure from conservative supporters, who insisted
that he speak out in an election year on a matter of critical importance to
many of his Christian backers.
Republicans said Bush was also seeking to draw a sharp distinction between himself
and the Democratic front-runner in the primaries, Sen. John Kerry of Massachusetts.
In 1996, Kerry was one of 14 senators to vote against the Defense of Marriage
Act, signed by President Bill Clinton, which defined marriage as a union between
one man and one woman.
Kerry opposes gay marriages but supports civil unions.
Bush's announcement, even though widely expected, immediately ignited a furious
debate between conservatives who applauded it and gays who denounced it.
Bush urged Congress to move quickly on an amendment.
On Capitol Hill, Senate Republican leaders said that an amendment could reach
the floor before November, with hearings as early as next week.