Federal Marriage Amendment

FEDERAL MARRIAGE AMENDMENT-MOTION TO PROCEED

Mr. DORGAN. Mr. President, today the Senate is deciding whether to add an amendment to our United States Constitution that would prohibit same-sex marriages.

I agree that the subject of marriage is an important matter. So, too, is the prospect of amending the United States Constitution.

I also agree with those who say that marriage is an institution that should be reserved for a man and a woman living as a husband and wife. I voted for that position when I supported the Defense of Marriage Act passed by the U.S. Congress in 1996. That is now Federal law and it clearly defines the institution of marriage for our country.

In recent months, there have been some challenges to State laws prohibiting same-sex marriages. In Massachusetts, the State Supreme Court has ruled that the prohibition of same-sex marriages violates that State's constitution. In California, New York, and New Mexico, some have tried to perform same-sex marriages in violation of State law, and authorities have taken legal action to stop same-sex marriages.

As a result, the only State in our country where same-sex marriages are now being performed is Massachusetts. But that State's legislature has begun a process to amend the State's constitution to prohibit same-sex marriages. When that is done, there will be no jurisdiction in America where same-sex marriages will be legal. I believe that the State governments, as has been the case for over two centuries, are resolving this issue in a manner that protects the institution of marriage as one that applies only to men and women united as husband and wife. Because of that, there is no need at this time to amend the United States Constitution.

The U.S. Constitution is the basic framework for the greatest democracy on Earth. Some of my colleagues find it easy to amend it. I don't. There have been over 11,000 proposals to change it over the years, 67 of them introduced in this Congress alone. But in almost 220 years we have only approved seventeen amendments to the Constitution outside of the Bill of Rights.

I am very conservative when it applies to altering our U.S. Constitution. I believe it should be amended only as a last resort. And in this case, the goal of prohibiting same-sex marriage is being achieved without the requirement to amend the U.S. Constitution.

I respect those who differ with my judgment, but I simply cannot believe it is in our country's interest to amend the United States Constitution unless it is the only alternative available to solve a problem that is urgent. The work of Washington, Jefferson, Franklin, Mason, Madison, and others is a document that has given life to the most wonderful place in the world to live. "We the people" should dedicate ourselves to protecting that Constitution and the things it stands for. We should not rush to alter the foundation of our democracy.