Mr. Speaker, I rise to speak in favor of the proposed marriage protection amendment to the Constitution of the United States of America. Before addressing the merits of the marriage protection amendment, I want to thank the gentleman from…
Mr. Speaker, I rise to speak in favor of the proposed marriage protection amendment to the Constitution of the United States of America.
Before addressing the merits of the marriage protection amendment, I want to thank the gentleman from Illinois (Speaker Hastert) and the gentleman from Texas (Mr. DeLay) for bringing this bill up.
I know there are some in Congress and the media who do not believe traditional marriage rises to the level of importance to be considered on the floor today.
The American people disagree with them. This bill is about protecting the institution of marriage, which, as the Supreme Court said many years ago, is ``the foundation of the family and of society, without which there would be neither civilization nor progress.''
Since Labor Day, this Congress has spent time renaming post offices and Federal buildings, Mr. Speaker. If we have enough time to rename post offices and Federal buildings, surely we have enough time to spend an afternoon considering whether the very foundation of traditional marriage will endure another 200 years.
On one matter, however, I do agree with the opponents of this bill: We should not lightly undertake to amend the Constitution. In the 213 years since
the Bill of Rights was adopted, the Constitution has been amended only 17 times, an average of once every 12\1/2\ years.
As a conservative I understand, perhaps better than most, the national consensus that the Constitution should be amended only rarely. Indeed, I wish we could leave the Constitution alone and this amendment was unnecessary, and if there was any other way to protect marriage, I would be the first to support it. Unfortunately, this is not the case. The matter has been forced upon us, and, whether we like it or not, the Constitution is about to be amended.
Let me say that again: The choice before us is not whether to amend the Constitution or leave it unamended. One way or another, the Constitution will be amended, and the only choice we have is whether to act now and accomplish the amendment through the procedures specified in the Constitution itself, or fail to act, in which case the amendment would be accomplished de facto by activist courts bent on imposing by judicial fiat a transformation of traditional marriage that is unsought and unwanted by the American people.
How do I know what the American people want? Simple. When the people are given a voice in this matter, they support traditional marriage by overwhelming margins. Last month, for example, the people of Missouri approved a marriage protection amendment to their State constitution by a margin of 70.8 percent, and 2 weeks ago the people of Louisiana approved a similar amendment by a margin of 78 percent. Yet the people's will does not seem to count with the courts.
Last year, Justice Scalia warned us in their Lawrence decision that the Supreme Court was paving the way for activist judges to redefine traditional marriage. Even after Justice Scalia's warning, few of us were prepared for the breathtaking speed with which events would overtake us. Only months later, the Massachusetts Supreme Judicial Court decreed that for the first time in the history of this Nation, a State would be required to issue marriage licenses to same-sex couples.
The Massachusetts courts are not alone. Only last month, courts in Washington struck down as unconstitutional that State's Defense of Marriage Act in cases concerning the recognition of same-sex marriages.
Even in the face of this judicial onslaught, some argue that we should wait to act until after the Supreme Court has ruled on the constitutionality of the Federal Defense of Marriage Act. Does anyone else see the irony here? Many of those who spoke the loudest that DOMA was unconstitutional when it was enacted in 1996 are the very same ones who now say we ought to presume DOMA is constitutional until the courts tell us otherwise.
I say if we could place our confidence in the Supreme Court, there would be no need for the marriage protection amendment in the first place. But in Lawrence, Justice O'Connor wrote a concurring opinion in which she specifically stated that she believed preserving the traditional institution of marriage would be a sufficient basis for upholding a State marriage law. The five members of the Lawrence majority had an obvious opportunity to join Justice O'Connor's position and thus reassure us on this issue. Instead, they chose to remain silent. Let me suggest their silence speaks volumes.
No, we must not wait. The trajectory of the courts' decisions is unmistakable, and we must act now to preserve traditional marriage. We have already seen that even one State's misadventure in this area has had egregious nationwide consequences, as activists file lawsuit after lawsuit seeking to export same-sex marriages to other States. Ironically, it will take an amendment to the Federal Constitution to force this issue out of the courts and back to State legislatures, where it has always been and where it properly should be.
Mr. Speaker, some people have opposed the marriage protection amendment on the grounds that it discriminates. But it is not the marriage protection amendment that discriminates against homosexuals. Rather, the institution of marriage, as it has been understood for millennia, by its very nature is reserved exclusively for persons of the opposite sex. Moreover, society has always limited the pool of persons available for marriage by age, blood ties, mental capacity, and other considerations.
The limitations of traditional marriage rest not on an intent to discriminate, but on what is most beneficial for society and children, as evidenced by volumes of social science research. Traditional marriage is worth preserving because the nuclear family is far and away the best environment in which to raise children. Every child deserves both a father and a mother.
Yes, traditional marriage has had its problems. The high divorce rate, infidelity, and domestic violence are a national scandal, but far from undermining my point, these trends reinforce it because we are dismayed by these trends for the very reason that they lead to the break-up of traditional families, which leads to more and more children being deprived of the tremendous benefit of having both their mom and dad around to raise them.
In conclusion, Mr. Speaker, let me say I wish traditional marriage was not under attack, but it is. I wish we did not have to deal with this problem now, but we do. Like it or not, the courts have thrust this burden on us and we must not fail to shoulder it.
We as Members of Congress have a responsibility to restrain activist judges who think they can, without devastating consequences to our society, simply jettison the collective wisdom of thousands of years without the input or consent of the American public or their elected Representatives.
Mr. Speaker, I encourage my colleagues to support the marriage protection amendment.
I submit the following letter for the Record.
Congresswoman Marilyn Musgrave,
Longworth House Office Building,
Washington, DC.
Dear Representative Musgrave: The United States House of
Representatives is considering whether or not to send a
constitutional amendment protecting marriage to the States
for their consideration. Contrary to recent arguments and
assertions, I believe that this amendment is consistent
with--and increasingly necessary to uphold--the principles of
federalism so important to our constitutional government.
The Framers rightly left marriage policy, as so many other
things, with the States. But the definition of marriage is
not mere policy issue. It strikes at the very integrity and
meaning of one of the primary elements of civil society.
In a free society, certain questions must be settled for
the good of that society. States can't impair the obligation
of contracts, or coin their own money, or experiment with
forms of non-republican government. We learned the hard way
that the nation could not endure half slave and half free.
As marriage is a fundamental social institution, it is not
only reasonable but also obligatory that it be preferred and
defended in the law. Activist judges forcing the redefinition
of marriage make it necessary to protect the institution in
the U.S. Constitution.
This doesn't mean that marriage must be completely
nationalized or should become the regulatory responsibility
of the federal government. Policy decisions concerning
questions such as degrees of consanguinity, the age of
consent, and the rules of divorce should remain with the
States.
The wisdom of extending certain benefits that stop well
short of marriage--that don't undermine the distinctive
status of marriage--are policy questions that should be the
responsibility of State legislatures.
A Constitutional amendment that defines marriage and blocks
the actions of overzealous judges would protect the States's
capacity to regulate marriage by protecting the integrity of
the institution as such.
In order to guard the States' liberty to determine marriage
policy in accord with the principles of federalism, society
as a whole must prevent the institution itself from being
judicially redefined out of existence.
The constitutional amendment process is neither an
exclusively federal nor an exclusively State action: It is a
shared responsibility of both Congress and the States
representing the American people. By intention, it is a very
difficult process.
Constitutional amendments ought to be rare and should be
pursued only after careful and serious consideration, when it
is necessary to address an issue of great national magnitude
and when there is broad-based support among the American
people throughout the States, as there is concerning
marriage.
Is marriage sufficiently important to protect in the United
States Constitution?
Despite our reluctance to amend our most sacred law--
despite the significance of the endeavor and awesome task
involved--recent and impending judicial activism justifies
this course of action.
Thank you for considering and sharing these concerns with
other Members of Congress.
Sincerely,
Edwin Meese, III,
Chairman, Center for Legal & Judicial
Studies, The Heritage Foundation.