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Floor Statements

Floor Statement on H. Res. 918, the Marriage Protection Amendment

Mr. Speaker, I yield myself the balance of my time.


Mr. Speaker, there have been a number of points made in this debate today with doubtful validity. We are told we should pass this amendment to protect marriage. But against what threat? If Henry and Steve want to get married, maybe that is a good idea, maybe it is a bad idea, but it does not threaten the marriage of anyone else, of any man or woman who wants to get married. It does not affect them in any way. Divorce is a threat. Some of our other threats are threats, but gay marriage is not a threat to a straight marriage.


We are told we have to protect children, but children are already in the custody of straight people, of gay people, of gay couples, of individuals. If we want to protect children, we should give a legal basis to the partnership of the two people who have custody of them. Now, we are not saying that it might not be preferable to have a traditional custody arrangement, maybe it is, but this does not affect that in any way.


Nor do we say because we want to protect children that we prohibit elderly couples from getting married or sterile couples from getting married because procreation is the purpose of marriage. So this is a red herring.


We had a whole religious discussion. The fact is churches can define marriage in their point of view, any way they want. We are not telling a church you must consider this couple married from a religious point of view. We are not telling the church how to define the sacrament. We are talking about civil marriage, and churches can do what they want and regard as married whom they want, but we are talking about what the government recognizes.


We are also told that this is to protect marriage, but the amendment talks about not only marriage by, but the incidents thereof, to clearly prohibit specific rights that a State may choose to give to a gay couple, the right of inheritance, a right of visitation when one is sick in the hospital. Why should we tell the States they cannot do that at their wisdom?


We are told always by the other side of the aisle that we should protect the rights of States, but as I said a few moments ago, family law, the marriage law, divorce law, visitation law, child custody law have always been a matter for the States. Why are we preempting those State laws?


We are told we are preempting unelected judges, that that amendment is an amendment to the Constitution of the United States, that it would preempt not just judges elected or appointed. It would preempt the State legislative action; it would preempt action by the people in a referendum. That is not democratic, with a small D.


This, Mr. Speaker, is a political stunt. It is a political stunt at the expense of a minority, of an unpopular minority. That is all it is. We know it is not going to pass. We know the Senate already rejected it. So this is just a political stunt.


I appeal to my colleagues, vote ``no'' on this amendment. Leave family law where it always has been, with the State, and do not desecrate our Constitution, do not desecrate our most sacred document, our civil religion, by inserting it into an amendment to deny a basic right to an unpopular group just because we want to make a political point at the expense of that unpopular group in an election year.


Make no mistake, that is what this amendment is. That is all it is. It does not protect marriage. It does not protect children. It just makes a political point at the expense of an unpopular group, and we should not desecrate our Constitution by so doing.


Mr. Speaker, I yield back the balance of my time.

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