On July 18, the House defeated, 236-187, H.J. Res. 88, the Marriage Protection Amendment. The resolution, sponsored by Rep. Marilyn Musgrave (R-CO), proposed adding an amendment to the Constitution stating, “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.”
Rep. Musgrave said, “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…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.”
Rep. Tammy Baldwin (D-WI), who opposed the bill, said, “In our democracy since its founding, a basic premise is that in a government by, for and of the people, the people must have the ability to petition their government for the redress of grievances. Americans who wanted women to have the right to vote petitioned their government. Americans who wanted an end to slavery petitioned their government. Americans who wanted an end to child labor petitioned their government. Americans who wanted to end segregation policies petitioned their government. Americans who wanted to protect our environment petitioned their government…The Constitution is for expanding rights, opportunities and aspirations. I want to see the day when I can protect my family, my life partner of 10 years, through the same laws and with the same obligations, responsibilities and rights as can straight Americans. These are my aspirations, both as an American and as a Member of Congress, to see the Constitution that I have sworn to support and protect illuminating a path to justice and equality for more and more Americans.”
The Senate defeated S.J. Res. 1, an identically worded resolution, on June 7 (see The Source, 6/9/06).
A constitutional amendment requires that two-thirds of the House and Senate vote to approve the resolution. Following congressional action, three-quarters — 38 — of the states would have to ratify the resolution before it could be added to the Constitution.
