Marriage Protection Amendment
Mr. Speaker, I thank Speaker Hastert and Mr. Leader Boehner for bringing this bill to the floor. Letters and e-mails and phone calls continue to pour into my office urging me to continue in this effort. We know that polls show that the…
Mr. Speaker, I thank Speaker Hastert and Mr. Leader Boehner for bringing this bill to the floor. Letters and e-mails and phone calls continue to pour into my office urging me to continue in this effort. We know that polls show that the overwhelming majority of the American people support traditional marriage, marriage between a man and a woman.
The people have a right to know whether their elected Representatives agree with them about protecting traditional marriage.
I cannot think of a better good that this body may pursue than to promote and defend the idea that every child deserves both a father and a mother. Studies demonstrate the utmost importance of the presence of a child's biological parents in a child's happiness, health and future achievements. If we chip away at the institution which binds these parents and the family together, the institution of marriage, you begin to chip away at the future success of that child.
I would not want to negate the heroic job that many single parents do every day in providing the necessary support to a child's happiness. But today we are discussing what social policy is best for our children, and I am convinced that the best is found in promoting and defending traditional marriage.
Are there other important issues? Of course there are, but preserving 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,'' certainly warrants a few hours of our time. And even if there are other issues we need to address, as a former Member, one of my favorites, J.C. Watts said, ``Members of Congress are capable of walking and chewing gum at the same time.''
And where are those who say we are wasting time when we were renaming post offices and Federal buildings earlier this year? Mr. Speaker, if we have enough time to rename post offices and Federal buildings, surely we can spend one afternoon debating whether or not the traditional definition of marriage is worth preserving.
Others have asked why we need this amendment given that courts in New York, Georgia, and Nebraska have recently turned back challenges to traditional marriage. I just would like to say these decisions simply do not settle the issues. Cases in New Jersey and Washington, to name only two of many, remain pending.
Additionally, the Massachusetts Supreme Court's Goodridge decision legalizing same-sex marriage in that State continues to stand. Just last week, legislators in Massachusetts put off a measure to give the people the opportunity to decide this issue for themselves. While the Goodridge case remains on the books, court dockets all over the country will continue to be ensnarled with same-sex marriage litigation as opponents of traditional marriage continue to fight to expand their agenda to the rest of the country.
While recent court victories are not unimportant, the ultimate court test, the test in the United States Supreme Court, is still on the horizon. And legal experts agree at least four and probably five of the members of that court will act to overturn traditional marriage across America. That is why most legal experts expect DOMA to fall once a challenge finally reaches the high Court, which is why it would be the very height of foolishness to rely on the Supreme Court to protect marriage. Sadly, that august tribunal is part of the problem. Justice Scalia has already warned us that the Court's 2003 Lawrence decision was only the beginning of a road at the end of which is a radical redefinition of marriage at the hands of the Court.
Does anyone else see the irony in the opponents of this bill calling on us to wait until the Supreme Court rules before deciding this issue? Many of those who protested the loudest that DOMA was unconstitutional when it was enacted in 1996 are today the ones who say we ought to presume DOMA is constitutional until the high Court tells us otherwise.
The American people want us to settle this issue now. They don't want us to wait to see how much havoc the courts will wreak on the definition of marriage before we act to protect it.
Our marriage laws represent centuries of cumulative wisdom regarding the best way to address public concerns about property, inheritance, legal liability and raising children. The last matter is especially important because we now know beyond any reasonable doubt that children thrive best when they are raised in a traditional family. And statistically speaking, the further we go from this ideal, the more we can expect to see increases in measures as a whole host of social problems.
Again, this is not to say that children raised in nontraditional families will necessarily fall prey to these problems, but public policy is based on cumulative, not individual experience. Facts, as it has been said, are stubborn things. And one sad but stubborn fact is that the statistical dice are loaded against children who are raised without a father and a mother.
Some oppose the Marriage Protection Amendment on the grounds that the institution of marriage is already in trouble. Why be concerned, they say, about same-sex marriage when the divorce rate among couples in traditional marriages is so high? But can't you see this is a non sequitur? It is like saying to a doctor, The patient already has pneumonia, so why are you taking precautions to prevent him from getting a staph infection? Yes, traditional marriage has its problems, we all know that, and the high divorce rate is a national scandal. But far from undermining my point, this reinforces it. We are dismayed by the breakup of families because we know broken families lead to more and more children being deprived of the tremendous benefit of having both their mom and dad around to raise them.
Other opponents of this amendment argue that the existence of same- sex marriage in Massachusetts has not caused the earth to stop spinning on its axis, so they ask what is all this fuss about. After only 2 years of experience, it is absurd to suggest that we can even begin to guess how the redefinition of marriage in that State will ramify in the future. And the fact that same-sex marriages in Massachusetts do not directly affect my marriage or your marriage means nothing in regard to the public policy debate. The breakup of the family next door does not directly affect your marriage or my marriage either, but we all recognize that every family that comes apart is a tragedy, and that is why our laws have always sought to encourage, not undermine, traditional families.
Mr. Speaker, I just want to say to Mr. Nadler, your statements about hospital visits and those things, that was a misstatement. That is not what this amendment does. There are State legislatures that have the authority to handle all of the benefits that you have talked about, and that is what the amendment clearly states.
I would just like to say, we can look at places like the Netherlands, where since 1997 they have had registered partnership, and gay marriage since 2001. In effect, that is probably the best place to look at what gay marriage has done. The out-of-wedlock births have escalated. The divorce rate is escalating. In fact, many people in Scandinavia don't think that marriage is even relevant today.
I would say today if marriage can mean anything, eventually marriage will mean nothing.
Within the institution of marriage, society offers special support and encouragement to the men and women who together make children. Because marriage is deeply implicated in the interest of children, it is obviously a matter of public concern. Children depend on society to create institutions to keep them from chaos. That is why we have the obligation to give special support and encouragement to an institution that is necessary to the well-being of children.
I urge my colleagues to support public policy that strengthens marriage and vote in favor of this amendment.
Marriage is for Children:
1a) In setting up the institution of marriage, society offers special support and encouragement to the men and women who together make children. Because marriage is deeply implicated in the interests of children, it is a matter of public concern. Children are helpless. They depend upon adults. Over and above their parents, children depend upon society to create institutions that keep them from chaos. Children cannot articulate their needs. Children cannot vote. Yet children are society.
They are us, and they are our future. That is why society has the right to give special support and encouragement to an institution that is necessary to the well being of children--even if that means special benefits for some, and not for others. Single people are denied the benefits of married couples, for example. But this is permitted because married parenthood is essential to society. The law has always permitted the state to give special support to critical institutions, if those institutions serve a compelling interest of society. Marriage is exactly such an institution. Marriage is designed to maximize the chances that each child will be provided with a mother and a father, in a stable family setting, during the years when children are too young to fend for themselves. To redefine marriage in such a way as to remove its essential connection to parenthood is to take away its very purpose.
(1b) Only a man and a woman have the power between them to create children. Marriage as an institution helps to turn the love of a man and a woman into an instrument for the nurture and protection of children. If we redefine fathers, mothers, and parenthood out of marriage, then this precious institution will be lost.
The European Experience With Gay Marriage:
Can it be a coincidence that Scandinavia, the region with the highest out-of-wedlock birthrates in the world, was the very first place to recognize same-sex unions? Marriage was already in serious decline in Sweden and Norway when same-sex partnerships arrived, and since that time marital decline in those countries has advanced still further. But the clearest example of the effect of same-sex marriage is the Netherlands, where they have had registered partnerships since 1997 and full gay marriage since 2001. In the Netherlands, out-of-wedlock birthrates were low until the arrival of registered partnerships and gay marriage. But since the advent of registered partnerships and same- sex marriage, the out-of-wedlock birthrate has risen faster and longer in the Netherlands than in any other west European country.
(1a) What is marriage? Marriage is society's way of supporting the men and women who together make children. Children can't fend for themselves. That's why the public has always taken an interest in marriage. By supporting the institution of marriage, the state encourages the rearing of children under the secure care of a mother and father. But what would happen if we said marriage doesn't have anything to do with mothers, fathers, and children? What would happen if we said marriage is really just about a couple of adults who love each other--whether they're men and women or not?
Well, just look at Scandinavia and Holland. Over in Scandinavia they've had various forms of same-sex partnership nearly two decades. And they've had gay marriage in Holland for several years. But marriage in Scandinavia is dying, and marriage in Holland is growing progressively weaker every year. A majority of children in Sweden and Norway are now born out-of-wedlock. In some parts of Norway, as many as eighty percent of first-born children and two-thirds of subsequent children are now born out-of-wedlock. True, much of that decline took place even before same-sex partnerships came into effect. But in both Sweden and Norway, marriage continued to decline following the introduction of same-sex partnerships. Can it be a coincidence that the region of the world where marriage has traditionally been weakest was the first place to experiment with something like same-sex marriage?
The negative effects of gay marriage on marriage are even clearer in the Netherlands. Prior to the introduction of registered partnerships and later gay marriage, Holland was known for having one of the lowest out-of-wedlock birthrates in Northern Europe. Yet out-of-wedlock birthrates have been rising at an unusually rapid rate in the Netherlands ever since registered partnerships, and then formal gay marriage, were established.
In the last decade, no other West European country has seen its out- of-wedlock birthrate rise as fast as Holland's. And there were no other major legal or social changes during the last decade that might explain Holland's rising out-of-wedlock birthrate in some other way. So it looks very likely that registered partnerships and same-sex marriage have helped to hasten the unusually rapid decline of marriage in the Netherlands.
Gay marriage has helped send a message to parents in Scandinavia and Holland that being married doesn't have much of anything to do with being a parent. Nowadays, a lot of parents in Scandinavia and Holland put off getting married until after they've had a child or two, if they don't break up first--which many do. Increasingly, parents in these countries don't get married at all anymore. If marriage is disappearing in the parts of the world that have had something like gay marriage longer than anywhere else, I don't want to take a chance on gay marriage here.
1b) Marriage is not meant solely, or even mainly, for husbands and wives. Marriage exists as a public institution because children need mothers and fathers. Once marriage is treated as a mere celebration of the love of two adults, there is no reason for it to necessarily happen before children are born instead of after. And if marriage could just as well happen after children are born, it doesn't really need to happen at all. European parents have increasingly stopped marrying because they no longer think of marriage as an institution meant to bind children to mothers and fathers. Gay marriage helps Europeans to see it that way, making them consider marriage nothing more than the expression of mutual affection between two adults. But this view translates into marrying long after children are born--if parents don't break up first. It means rising rates of family dissolution. That's what's happening in Europe. Do we want it to happen in America? That the family is the bedrock of society is more than just a cliche. In Scandinavia, where they've had de facto gay marriage for some time, marriage is dying, and a huge welfare state has taken over for parents. If the family goes here in America, then we will either have the social chaos of more crime and fatherless kids, or we will have to vastly expand our welfare state. So this issue touches on the deepest problems of governance. America's system of limited government works because the family does what the state does not. Weaken the family, and government is bound to expand to take its place. That is exactly what's happened in Scandinavia.
Responding to Critics of the Scandinavia/Holland argument:
(1) I know some folks have said that same-sex partnerships haven't had any bad effects on marriage in Europe, but I don't find their arguments convincing.
(a) For one thing, some of these folks actually deny that Europe's high out-of-wedlock birthrates are a problem at all. That's just not true. In Europe, cohabiting parents break up at two-to-three times the rate of married parents. That level of family instability is very bad for children. So the European experience actually proves that it's better when parents get married.
(b) Some folks say that marriage was in trouble in Scandinavia even before same-sex partnerships came along. Well, that's true, although in most parts of Scandinavia marriage continued to decline after same-sex partnerships came along. We all know that marriage has been in trouble for some time in America, and in many other countries, for a wide variety of reasons. But if you want to see a clear case where marriage was relatively strong, and only went into serious decline after the introduction of same-sex partnerships, just look at Holland. (See 1a in the previous section for more on Holland.)
(c) Some folks claim that the Dutch example isn't a problem because out-of-wedlock birthrates have been rising almost as rapidly in Eastern Europe as in Holland. But the decline of marriage in Eastern Europe is rooted in the economic chaos that followed the collapse of communism. The amazing thing is that a prosperous Western European country like The Netherlands is experiencing the same sort of marital decline we're seeing in countries recovering from the collapse of their entire social system.
(d) Some folks say that out-of-wedlock birthrates in Sweden haven't gone up all that much since registered partnerships came along in 1994. But they're not counting from 1987, when Sweden introduced the very first same-sex partnerships in the world. Just because these first same-sex partnerships didn't include all the rights of marriage doesn't mean that they weren't a huge legal and symbolic step. Amazingly, in 1987, at the very same time that Sweden introduced the first same-sex partnerships in the world, Sweden also granted just about all the rights of marriage to unmarried heterosexual couples. So from 1987 on, Sweden's parliament sent out a powerful message that married parenthood isn't important. Same-sex partnerships were part of that message from the start.
(e) Some folks say that marriage in Denmark hasn't suffered since they adopted same-sex partnerships in 1989. Well, it's true that the Danish out-of-wedlock birthrate hasn't risen since they adopted same- sex partnerships, like it has in Sweden, Norway, and Holland. But that's a bit misleading. Actually, the rate of unmarried parenthood has increased among young people in Denmark, who are adopting the same practice of cohabiting parenthood favored in other Scandinavian countries. But the increased rate of unmarried parenthood among young Danes has been temporarily offset by marriages among older Danes.
You see, there are virtually no housewives left in Denmark. The need to support the huge Danish welfare state forces nearly all Danish women to work. And it was only in the late 1980's and 1990's that Denmark created a parental leave policy and other changes that allowed large numbers of women to take time off of work to become mothers. That policy
change unleashed huge pent-up demand among Danish women to have children, and that led to a temporary increase in the marriage rate among older Danes. But all that time, younger Danes have been taking up the practice of unmarried parenthood that is already so popular in the rest of Scandinavia.
The Slippery Slope to Polygamy, Polyamory (Group Marriage) and Parental Cohabitation:
(1) Once we say that same-sex couples can marry, it's going to be impossible to deny that right to polygamists and believers in group marriage. After all, gay marriage is being advocated on grounds of relationship equality. So if all relationships are equal, why is group marriage forbidden? And don't think it can't happen here. We already know that there are thousands of practicing polygamists in some Western states. But did you also know that there are groups of ``polyamorists'' all over the country? Just go to the Internet and run a google search on the word ``polyamory.'' The polyamorists have already had one court case trying to gain recognition for a marriage of a woman and two men. They're just waiting for gay marriage to pass to begin agitating for legalized group marriage. And after granting gay marriage on equal protection grounds, how is a court going to deny them? There are plenty of polyamorists out there, but the problem goes further than that. We now have an advocacy group called the ``Alternatives to Marriage Project'' which supports polyamory and other innovations like parental cohabitation. The Alternatives to Marriage Project is frequently quoted in the mainstream media. And believe it or not, the most powerful faction of family law scholars in our law schools favors legal recognition of both polyamory and parental cohabitation. There are even law review articles out now advocating both. And the influential American Law Institute has even come out with proposals which would grant nearly equal legal recognition to cohabiting and married parents. If we allow marriage to be radically redefined now, we will not be able to stop these further changes.
(2) Now I know that some folks scoff at the claim that same-sex marriage could lead to polygamy. But just look at what's happened around the world in the past year or so. In Sweden, which passed the first same-sex partnership plan in the world, we've had a serious proposals floated by parties on the left to abolish marriage and legalize multi-partner unions. In the Netherlands, the first country in the world to have full and formal same-sex marriage, a man and two bisexual women signed a triple cohabitation contract. When a conservative political party asked the Dutch government to withdraw recognition from that contract, the government refused. In fact, the Dutch Justice Minister said it was actually a good thing that the law was beginning to provide support for multi-partner relationships. In Canada, two out of four reports commissioned by the last government recommended the decriminalization and regulation of polygamy. True, the revelation of those reports helped Canada's Conservative Party win the last election. But the fact remains that many of Canada's legal elites want to see the abolition of traditional marriage and official recognition for multi-partner unions.
And of course, in America we've got ``Big Love,'' a popular television show on HBO about polygamy. Even a year ago, no-one would have believed it if someone had said we'd soon have a television show with polygamists as heroes. But it's happened. And next week the BRAVO Channel is going to run a sympathetic documentary about a relationship between a woman and two bisexual men. It's called ``Three of Hearts,'' and it's already played in movie theaters across the country.
The truth is, this is only the beginning. Advocates for multi-partner unions are out there, but many of them are waiting for same-sex marriage to be legalized before they make their move to gain public acceptance. Newsweek has already said that ``polygamy activists are emerging in the wake of the gay marriage movement.'' Well, just wait till gay marriage is actually legalized. If that happens, you can bet we'll see plenty more movies and television shows along the lines of ``Big Love'' and ``Three of Hearts.'' The people on the so-called ``cutting edge'' of culture in Europe and Canada have already made it clear that multi-partner unions are their next crusade, and it's happening in America even as we speak. The only way to put a stop to it is to define marriage as the union of a man and a woman.
The Threat to Religious Freedom:
(1) It's becoming increasingly apparent that gay marriage poses a significant threat to religious liberty. Scholars on both the left and right agree that same-sex marriage has raised the specter of a massive and protracted battle over religious freedom. In states that adopt same-sex marriage, religious liberty is clearly going to lose. Gay marriage proponents argue that sexual orientation is like race, and that opponents of same-sex marriage are therefore like bigots who oppose interracial marriage. Once same-sex marriage becomes law, that understanding is likely to be controlling. Legal same-sex marriage will be taken by courts as proof that a ``public policy'' in support of same-sex marriage exists.
So in states with same-sex marriage, religiously affiliated schools, adoption agencies, psychological clinics, social workers, marital counselors, etc. will be forced to choose between going out of business and violating their own deeply held beliefs. If a religious social service agency refuses to offer counseling designed to preserve the marriage of a same-sex couple, it could lose its tax-exempt status. Religious schools would either have to tolerate conduct they believed to be sinful, or face a cut-off of federal funds. It's already happening, as we've seen with the recent withdrawal of Boston's Catholic Charities from the adoption business.
Free speech could also be under threat, as sexual-harassment-in-the- workplace principles are used by nervous corporate lawyers to draw speech prohibitions on the marriage issue. Fear of litigation will breed self-censorship. One expert predicts ``a concerted effort to take same-sex marriage from a negative right to be free of state interference to a positive entitlement to assistance by others.''
Some folks say the answer to this problem is special exemptions from the law for religious conscience. But conscience exemptions would be very difficult to enact. And in Europe, which has tried this in places, conscience exemptions are breaking down and failing to provide protection for the traditionally religious.
The lesson in all this is clear. There's a lot more at stake in the battle over same-sex marriage than the marriage issue itself, important as that is. The very ability of religiously affiliated organizations to exist and operate is under threat.