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House Fails to Approve Marriage Protection Amendment

After months of contentious debate, opponents of same-sex marriage failed to garner the two-thirds vote necessary to approve a constitutional amendment in the House of Representatives, and the Marriage Protection Amendment (H. J. Res. 106) was defeated on September 30, 227-186. The Senate considered an identical amendment the week of July 12 (see The Source, 7/16/04).

Sponsored by Rep. Marilyn Musgrave (R-CO), the amendment states, “Marriage in the United States shall consist solely 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.”

Explaining that proponents of same-sex marriage argue that the amendment is discriminatory, Rep. Musgrave stated, “It is not the marriage protection amendment that discriminates against homosexuals. Rather, the institution of marriage, as it has been understood for millennia, by its very nature is reserved exclusively for persons of the opposite sex. Moreover, society has always limited the pool of persons available for marriage by age, blood ties, mental capacity, and other considerations.” She added, “The limitations of traditional marriage rest not on an intent to discriminate, but on what is most beneficial for society and children, as evidenced by volumes of social science research. Traditional marriage is worth preserving because the nuclear family is far and away the best environment in which to raise children. Every child deserves both a father and a mother.”

Rep. Tammy Baldwin (D-WI) stated her belief “that the institution of marriage enhances our social fabric in many positive ways,” adding, “I think we all agree that loving, supportive marriages provide strong environments for raising children. Children with two-parent families who are actively engaged in their lives typically have greater financial and emotional stability during the time they grow up than those who are able to only rely on a single parent. Marriage’s role in protecting children is about providing sustenance. It is about teaching. It is about sharing cultures and beliefs. It is about transmitting a family’s values. It is about providing love and emotional support. These are all important components of marriage, and none of them are exclusive to a couple consisting of a man and a woman…I believe that this is a powerful argument in favor of marriage recognition for same-sex relationships. There are over 1 million children being raised in gay and lesbian families in the United States. These children do not have the same legal protections as children of opposite-sex married couples have, and their parents have significantly increased financial burdens in providing for them.”