AL.com - Congressman Mo Brooks Joins Kansas Rep in Seeking Constitutional Ban on Same-Sex Marriage

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By Brian Lawson

A Kansas congressman wants to stem the legal tide for same-sex marriage and change the U.S. Constitution so it declares marriage in the United States "shall consist only of a man and a woman."

The Federal Marriage Amendment measure introduced Friday by U.S. Rep. Tim Huelskamp drew 28 co-sponsors, including U.S. Rep. Mo Brooks, R-Huntsville. Brooks is the only Alabama congressman who has signed on to the measure.

Huelskamp has been vocal on the issue for years, according to a press release from his office.

"Rep. Huelskamp is the only member of Congress who, as a state legislator, authored one of the 30 state constitutional amendments that prohibit homosexual marriage and polygamous marriage," the press release said. "In 2005, 70% of Kansas voters voted for the state constitutional amendment authored by then-state Senator Huelskamp."

The text of the resolution:

"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."

Brooks' office did not immediately respond to a request for comment.

Huelskamp's resolution was introduced Friday, two days after the U.S. Supreme Court ruled that the Constitution's due process clause means the federal government cannot block federal spousal benefits, including tax considerations, for same-sex couples.

The court's ruling was hailed by gay rights groups and others across the U.S. and also drew wide criticism.

The measure stopped short of declaring that state bans - like in Alabama -- against same sex marriage are unconstitutional. In a separate ruling on procedural grounds the court threw out an effort to block same-sex marriage in California.

In order to pass a constitutional amendment, two-thirds of both the U.S. House and Senate have to approve the proposal and then it has to be ratified by three-fourths of the states, 38 states. Alternatively, a constitutional convention could be called to amend the Constitution, but the referendum method is the only approach that has been used to date.

Same-sex marriage has gained political traction in recent years. A USA Today poll released today found that 55 percent of Americans surveyed said same-sex marriages should be recognized under U.S. law. The poll found 40 percent opposed the recognition of same-sex marriage.

USA Today reported that when Gallup began polling on same-sex marriage in 1996, only 27 percent of those surveyed said they were in favor. During his 2004 re-election campaign President George Bush endorsed a constitutional amendment to ban same-sex marriage.

While running for president in 2008 then-U.S. Sen. Barack Obama said he opposed same-sex marriage, but did not want to amend the Constitution. In 2011, Obama ordered the Justice Department to stop enforcing the Defense of Marriage Act, concluding that singling out same-sex couples for denial of federal spousal benefits was unconstitutional.

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