Mr. Speaker, pursuant to House Resolution 918, I call up the joint resolution (H.J. Res. 88) proposing an amendment to the Constitution of the United States relating to marriage, and ask for its immediate consideration. Mr. Speaker, I…
Mr. Speaker, pursuant to House Resolution 918, I call up the joint resolution (H.J. Res. 88) proposing an amendment to the Constitution of the United States relating to marriage, and ask for its immediate consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in 1996, the United States Congress passed DOMA, Defense of Marriage Act, and the idea behind that was that marriage would be recognized in this Nation as the union of one man and one woman. It was not the first time that the United States Congress had gotten involved in the definition of marriage. Indeed, Mr. Lungren had reminded us earlier today that the State of Utah and Arizona and I believe one other Western State, in order to join the Union, needed to define in their State constitution marriage as a union between one man and one woman in order to become States in the United States.
But unfortunately, since 1986, activist courts have eroded the intent of Congress, and so we come today on the House floor with H.J. Res. 88, which 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, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.''
The purpose of this is to say that no governmental entity, legislative, executive or judicial, shall be allowed to alter the definition of marriage from one man and one woman, and it also prevents Federal courts from construing the Constitution or a State constitution to change that definition as well.
This, indeed, is the desire of the American people at this point. A recent poll shows that 69 percent of Americans strongly agree that marriage should exist between one man and one woman. The State Constitution amendments on the States that have passed them, which now numbers 45, average by passing 71.5 percent. Forty-five States, Mr. Speaker, have enacted laws about this.
Why is this necessary, then, to come back to the floor if the States are handling it? The fact is that there are great and deliberate challenges to DOMA in the United States Constitution. We can go back to 1965. The Supreme Court in Griswold v. Connecticut discovered a constitutional right to contraceptive noted in marital privacy, and the Court in Roe v. Wade in 1973 decided that the right to reproductive privacy was applied to abortion, wholly outside the context of a marriage.
In 1996, the Court in Bowers v. Hardwick refused to create a right of sexual privacy for same-sex couples, but then, in 2003, the Court reversed itself in the Lawrence v. Texas case. In the Lawrence case, the Court claimed not to have gone so far as to establish a right to same-sex marriage, but then the State of Massachusetts and the Massachusetts Supreme Judicial Court prominently used the Lawrence decision just a few months later to do exactly that.
That is why we are here today, Mr. Speaker. This is not, as we have been charged, political pandering. This is not a frivolous exercise. Indeed, I certainly think this Congress, under the leadership of the Speaker and under the leadership of the President of the United States, has worked hard to address the issues of the day. We have worked hard in the war on terrorism.
We have worked hard in the situation in the Middle East. Indeed, as the President attended the G-8, the number one topic right now is, of course, Lebanon and Israel.
We have worked hard on balancing the budget. This House recently passed the line-item veto. This House has passed earmark reform. The Appropriations Committee, which has passed 10 out of its 11 appropriations bills, has reduced spending $4 billion by cutting out 95 different programs. We are engaged in addressing the fuel situation. We have passed tax reform which has created 5.3 million jobs since 2003.
We are very involved in the issues of today, and I will say to you that marriage is certainly one of the top-tier issues that it is the right and the obligation of the United States Congress to address, and again, not a battle that we have chosen to have but one that has been thrown back to us by the courts.
That is why we are here today, and we will have this debate, and I look forward to hearing from my friend from New York.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I would just point out to my good friend from New York that 16 States have recently passed marriage protection amendments, and on an average they have passed by 71.5 percent.
Mr. Speaker, I yield such time as she may consume to the primary author of H.J. Res. 88, the gentlewoman from Colorado (Mrs. Musgrave).
Mr. Speaker, I yield 3 minutes to the former attorney general of California, the distinguished Dan Lungren.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from South Carolina (Mr. Barrett).
Mr. Speaker, I want to point out that, in fact, under H.J. Res. 88, State legislatures can allow same-sex benefits in the unions.
Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Indiana (Mr. Pence).
(Mr. PENCE asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Pennsylvania (Mr. Pitts).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the gentleman from Missouri (Mr. Graves).
Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from Missouri (Mr. Akin).
Mr. Speaker, I yield 1\1/2\ minutes to the distinguished majority leader, the gentleman from Ohio (Mr. Boehner).
Mr. Speaker, I yield 2\1/2\ minutes to the distinguished gentleman from Virginia (Mr. Forbes).
Mr. Speaker, I wanted to point out to my friend from Missouri that in order to become States in the United States of America, Arizona and Utah had to change their own State constitutions to recognize marriage as a union between one man and one woman in order to do away with polygamy.
Mr. Speaker, I yield 3 minutes to the distinguished gentleman from Colorado (Mr. Beauprez).
Mr. Speaker, I would point out that if this amendment does, in fact, make marriage, well, discriminate, and the opponents want to make marriage more inclusive, then is it not also true that we should and will broaden the definition of marriage, so that as Mr. Forbes from Virginia pointed out it is not merely a matter of one same- sex couple.
But why are we tripping over the word ``couple''? Why can't marriage be three people or four people? Why can't it be a combination, if that is what we are talking about.
I want to point that out to my friends, that this doesn't just end with being one definition or the other if you don't want to go with this definition.
Mr. Speaker, I yield 2 minutes to the gentlewoman from North Carolina (Ms. Foxx).
Mr. Speaker, I would invite the previous speaker, my friend, to watch one of the 527 ads that are being run against Mrs. Musgrave. If she wants to see hateful speech, and one of the most hideous hateful acts that I have witnessed on any Member of Congress, I would invite anybody who is talking about hate to watch the ads that are run against our colleague for sponsorship of this amendment.
Mr. Speaker, I yield 2 minutes to the gentleman from South Carolina (Mr. Inglis).
Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. Daniel E. Lungren).
Mr. Speaker, if I can ask the gentleman from New York, I have one more speaker. Then we are ready to close.
Mr. Speaker, I yield myself such time as I might consume.
(Mr. KINGSTON asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I also will submit into the Record at this point some groups who want to go on the record as being in support of this.
Coalitions for America,
Washington, DC, July 17, 2006.
Dear Representative, I want you to know that I am in fu11
support of your efforts and appreciate your leadership role
in helping to defend traditional marriage by sponsoring House
Joint Resolution 88, a constitutional amendment to define
marriage as the union of one man and one woman.
As a conservative, amending the Constitution is not
something I or others should take lightly, but with the
continuous assault from the left on traditional marriage
``day in and day out'' it is an issue that must be addressed,
I believe, by amending the Constitution.
Sincerely,
Paul M. Weyrich,
National Chairman.
Mr. Speaker, I rise to close and I just want to split the time between Mr. Murphy and Mrs. Musgrave.
I yield 1 minute to the gentleman from Pennsylvania (Mr. Murphy).
Mr. Speaker, on that I demand the yeas and nays.