Queersetti
Bastardo Suave
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Gay Lawmaker Challenges Bush's Marriage Amendment
By Thomas Ferraro
WASHINGTON (Reuters) - A gay congressman on Tuesday challenged President Bush (news - web sites)'s drive for a constitutional amendment to ban same-sex marriage by asking how such unions hurt anyone.
"How does the fact that I or someone else wants to express love for another human being in the same way as the overwhelming majority of my heterosexual friends and relatives ... hurt you?" Rep. Barney Frank, a Massachusetts Democrat, asked at a hushed and packed Senate Judiciary Committee (news - web sites) hearing.
Bush, to the delight of his conservative base, favors an amendment to ban gay marriage. But there seems to be little, if any, chance one will pass.
Democrats as well as some Republicans on Capitol Hill have voiced reservations about tinkering with the Constitution. Members on both sides of the aisle have predicted supporters will fail to muster the two-thirds vote needed in both the Senate and House of Representatives to pass an amendment.
Frank testified as he sat at the witness table with two of the proposed amendment's chief sponsors, Sen. Wayne Allard and Rep. Marilyn Musgrave, both Colorado Republicans.
"The only way to preserve traditional marriage is a constitutional amendment," Musgrave argued, saying children were best raised by a married mother and father.
Musgrave and Allard said the problem was "activist" judges and local officials who recently bucked public opinion by permitting same-sex marriages.
Opponents rejected such arguments as they denounced the proposed amendment as an election-year ploy.
"This debate isn't about activist judges," said Sen. Edward Kennedy, a Massachusetts Democrat. "It's about politics -- an attempt to drive a wedge between one group of citizens and the rest of the country, solely for partisan advantage."
"We're not even close to having votes sufficient to pass a constitutional amendment," Senate Minority Leader Tom Daschle, a South Dakota Democrat opposed to the measure, told reporters outside the hearing. He compared the bid to proposed constitutional amendments after the Civil War to ban interracial marriage.
Bush called on Congress to approve a constitutional amendment to ban gay marriage last month after Massachusetts' highest court ruled gay couples had a right to wed and San Francisco began issuing marriage licenses to same-sex couples.
Sen. John Kerry (news - web sites) of Massachusetts, the presumptive 2004 Democratic presidential nominee, opposes a constitutional amendment. He supports civil unions that can provide couples some of the same legal protections married spouses enjoy.
Polls show most Americans oppose same-sex marriage, but are split on civil unions. Many believe the states should handle the matter.
Legal scholars offered differing opinions before the Judiciary Committee.
"The Constitution has been amended only 27 times in 215 years. That is a testament to its vitality and to congressional restraint," said Phyllis Bossin of the American Bar Association. "We hope you will exercise that same restraint."
Teresa Stanton Collett, a professor at the University of St. Thomas School of Law in Minnesota, argued Congress should approve the amendment and then send it to the states for ratification. Three-fourths of the states would be needed.
"It is the people who should determine the meaning and structure of marriage," Collett said.
By Thomas Ferraro
WASHINGTON (Reuters) - A gay congressman on Tuesday challenged President Bush (news - web sites)'s drive for a constitutional amendment to ban same-sex marriage by asking how such unions hurt anyone.
"How does the fact that I or someone else wants to express love for another human being in the same way as the overwhelming majority of my heterosexual friends and relatives ... hurt you?" Rep. Barney Frank, a Massachusetts Democrat, asked at a hushed and packed Senate Judiciary Committee (news - web sites) hearing.
Bush, to the delight of his conservative base, favors an amendment to ban gay marriage. But there seems to be little, if any, chance one will pass.
Democrats as well as some Republicans on Capitol Hill have voiced reservations about tinkering with the Constitution. Members on both sides of the aisle have predicted supporters will fail to muster the two-thirds vote needed in both the Senate and House of Representatives to pass an amendment.
Frank testified as he sat at the witness table with two of the proposed amendment's chief sponsors, Sen. Wayne Allard and Rep. Marilyn Musgrave, both Colorado Republicans.
"The only way to preserve traditional marriage is a constitutional amendment," Musgrave argued, saying children were best raised by a married mother and father.
Musgrave and Allard said the problem was "activist" judges and local officials who recently bucked public opinion by permitting same-sex marriages.
Opponents rejected such arguments as they denounced the proposed amendment as an election-year ploy.
"This debate isn't about activist judges," said Sen. Edward Kennedy, a Massachusetts Democrat. "It's about politics -- an attempt to drive a wedge between one group of citizens and the rest of the country, solely for partisan advantage."
"We're not even close to having votes sufficient to pass a constitutional amendment," Senate Minority Leader Tom Daschle, a South Dakota Democrat opposed to the measure, told reporters outside the hearing. He compared the bid to proposed constitutional amendments after the Civil War to ban interracial marriage.
Bush called on Congress to approve a constitutional amendment to ban gay marriage last month after Massachusetts' highest court ruled gay couples had a right to wed and San Francisco began issuing marriage licenses to same-sex couples.
Sen. John Kerry (news - web sites) of Massachusetts, the presumptive 2004 Democratic presidential nominee, opposes a constitutional amendment. He supports civil unions that can provide couples some of the same legal protections married spouses enjoy.
Polls show most Americans oppose same-sex marriage, but are split on civil unions. Many believe the states should handle the matter.
Legal scholars offered differing opinions before the Judiciary Committee.
"The Constitution has been amended only 27 times in 215 years. That is a testament to its vitality and to congressional restraint," said Phyllis Bossin of the American Bar Association. "We hope you will exercise that same restraint."
Teresa Stanton Collett, a professor at the University of St. Thomas School of Law in Minnesota, argued Congress should approve the amendment and then send it to the states for ratification. Three-fourths of the states would be needed.
"It is the people who should determine the meaning and structure of marriage," Collett said.