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The United States Federal Marriage Amendment (FMA) is a proposed amendment to the United States Constitution which would define marriage in the United States as a union of one man and one woman. The FMA also would prevent judicial extension of marriage-like rights to same-sex or other unmarried couples, as well as preventing people from having multiple spouses. The most recent vote on the proposed amendment took place in the Senate on June 7, 2006. The amendment failed to pass; of the 60 votes required to invoke the cloture motion, 49 senators voted for putting the amendment to vote and 48 voted against. When proposing constitutional amendments, two-thirds of each house must pass the proposal. Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ...
Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ...
Matrimony redirects here. ...
Michelangelos David is widely considered to be one of the finest artistic portrayals of a man. ...
Diverse women. ...
A same-sex couple is a pair of people of the same sex, who pursue a relationship similar to that of a heterosexual married couple. ...
The term polygamy (many marriages in late Greek) is used in related ways in social anthropology and sociobiology and sociology. ...
Seal of the U.S. Senate Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal Senate composition following 2006 elections The United States Senate is...
June 7 is the 158th day of the year in the Gregorian calendar (159th in leap years), with 207 days remaining. ...
For the Manfred Mann album, see 2006 (album). ...
In parliamentary procedure, cloture (pr: KLO-cher) (also called closure, and sometimes a guillotine) is a motion or process aimed at bringing debate to a quick end. ...
Current law
The role of states In the United States, civil marriage is governed by state law. Each state is free to set the conditions for a valid marriage, subject to limits set by the state's own constitution and the U.S. Constitution. In fact, "[T]he State . . . has absolute right to prescribe the conditions upon which the marriage relation between its own citizens shall be created, and the causes for which it may be dissolved," Pennoyer v. Neff, 95 U.S. 714 (1877). Traditionally, a marriage was considered valid if the requirements of the marriage law of the state where the marriage took place were complied with. (First Restatement of Conflicts on Marriage and Legitimacy s.121 (1934)). However, a state can refuse to recognize a marriage if the marriage violates a strong public policy of the state, even if the marriage was legal in the state where it was performed.[citation needed] States historically exercised this "public policy exception" by refusing to recognize out-of-state polygamous marriages, underage marriages, incestuous marriages, and interracial marriages. Following these precedents, nearly all courts that have addressed the issue have held that states with laws against same-sex marriage can refuse to recognize same-sex marriages that were legal where performed. State law, in the United States, is the law of each separate U.S. state, as passed by the state legislature and signed into law by the state governor. ...
Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ...
Holding No personal jurisdiction over defendants who are physically absent from the state or have not consented to the courts jurisdiction Court membership Case opinions Laws applied U.S. Const. ...
Same-sex marriage is currently legal in one state. In 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that the Massachusetts constitution requires the state to permit same-sex marriage. The decision could be reversed by an amendment to the state constitution, but so far no amendment barring same-sex marriage has passed in Massachusetts. Several other states including Vermont, California, New Jersey, and Connecticut allow same-sex couples to enter into civil unions or domestic partnerships that provide some or most of the rights and responsibilities of marriage under state law, but forbid same-sex marriages. Twenty-six states have passed state constitutional amendments defining marriage as being between one man and one woman. Holding The denial of marriage licenses to same-sex couples violated provisions of the state constitution guaranteeing individual liberty and equality, and was not rationally related to a legitimate state interest. ...
Overview Civil unions in Vermont are legal unions of same-sex couples in accordance with a law that went into effect in 2000. ...
Example of California domestic partnership certificate. ...
The state of New Jersey has neither allowed nor recognized marriages between couples of the same-sex. ...
The Connecticut General Assembly passed a bill to adopt civil unions in Connecticut, ensuring that same-sex couples get the same civil rights as heterosexual couples. ...
A civil union is a legally recognized union similar to marriage. ...
Domestic partner or domestic partnership identifies the personal relationship between individuals who are living together and sharing a common domestic life together but are not joined in any type of legal partnership, marriage or civil union. ...
Same-sex marriage, often called gay marriage, is a marriage between two persons of the same gender. ...
Federal statutes regulating marriage Although the states have the primary regulatory power with regard to marriage, the federal legislature has occasionally regulated marriage. The 1862 Morrill Act Of The Bears, which made bigamy a punishable federal offense, was followed by a series of federal laws designed to end the practice of polygamy. In reaction to the possibility that same-sex marriage would be legalized in Hawaii, Congress passed the Defense of Marriage Act ("DOMA"), which defines marriage as a legal union of one man and one woman for the purpose of interpreting federal law. Under DOMA, the Federal government does not recognize same-sex marriages or civil unions, even if those unions are recognized by state law. For example, members of a same-sex couple legally married in Massachusetts cannot file joint federal income taxes even if they file joint state income taxes. This article or section does not adequately cite its references or sources. ...
The Defense of Marriage Act, or DOMA, is the commonly-used name of a federal law of the United States that is officially known as Pub. ...
The United States Constitution and federal courts Federal courts have interpreted the U.S. Constitution to place some limits on states' ability to restrict access to marriage. In Loving v. Virginia, the United States Supreme Court overturned state marriage laws that barred interracial marriages. More recently, a federal judge struck down an amendment to Nebraska’s constitution that prohibited the state from granting legal protections to any ‘same-sex’ relationship ‘similar to’ marriage, although the decision did not require the state to allow same-sex marriages or civil unions.[1][2] Holding The Court declared Virginias anti-miscegenation statute, the Racial Integrity Act of 1924, unconstitutional, thereby ending all race-based legal restriction on marriage in the United States. ...
Proposed amendment The amendment was written by the Alliance for Marriage, an organization founded by Matt Daniels, with the assistance of Judge Robert Bork, Professor Robert P. George of Princeton University, and Professor Gerard V. Bradley of Notre Dame Law School[3] It was originally proposed by Rep. Marilyn Musgrave in 2002 and consisted of two clauses. It stated: Robert Bork Robert Heron Bork (born March 1, 1927 in Pittsburgh, Pennsylvania) is a conservative American legal scholar who advocates the judicial philosophy of originalism. ...
Robert P. George is McCormick Professor of Jurisprudence at Princeton University, where he leads courses on constitutional interpretation and civil liberties. ...
Princeton University is a coeducational private university located in Princeton, New Jersey, in the United States of America. ...
Notre Dame Law School during winter. ...
Musgrave (left) receives a pro-life Susan B. Anthony Award from Jane Abraham. ...
"Marriage in the United States of America shall consist only of the union of a man and a woman."
"Neither this constitution or the constitution of any state, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."
Controversy surrounding the second sentence of the original amendment has led to an alternative version that only includes the first sentence. Ms. Musgrave introduced a new version in March 2004 modifying the second sentence. However, only the original amendment was debated in the Senate when it came up for a vote on July 14, 2004. July 14 is the 195th day (196th in leap years) of the year in the Gregorian Calendar, with 170 days remaining. ...
2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...
2002 version The first sentence of the 2002 version would have provided an official definition of legal marriage in the United States. The second sentence went further by restricting how the courts are allowed to interpret federal and state anti-discrimination laws and constitutional amendments with regard to equal protection of non-married couples, regardless of sexual orientation. State laws would include local city and county ordinances, codes and regulations. Manifestations Slavery · Racial profiling · Lynching Hate speech · Hate crime · Hate groups Genocide · Holocaust · Pogrom Ethnocide · Ethnic cleansing · Race war Religious persecution · Gay bashing Movements Discriminatory Aryanism · Neo-Nazism · Supremacism Fundamentalism · Kahanism Anti-discriminatory Abolitionism · Civil rights · Gay rights Womens/Universal suffrage · Mens rights Childrens rights · Youth rights...
The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall make or enforce any law which shall. ...
Sexual orientation describes the direction of an individuals sexuality, often in relation to their own sex or gender. ...
Ordinance can mean: A law made by a non-sovereign body such as a city council or a colony. ...
In communications, a code is a rule for converting a piece of information (for example, a letter, word, or phrase) into another form or representation, not necessarily of the same type. ...
The legal consensus is that 2002 version would have barred state courts from requiring local governments to allow same-sex partners marriage or domestic partnership, or civil union status ("the legal incidents thereof"). It also might have prohibited granting any of a long list of equal civil rights to any unmarried couple, including joint parenting, adoption, custody, and child visitation rights, joint insurance policies, veteran's benefits, and domestic violence relief such as restraining and protection orders. Domestic partner or domestic partnership identifies the personal relationship between individuals who are living together and sharing a common domestic life together but are not joined in any type of legal partnership, marriage or civil union. ...
A civil union is a legally recognized union similar to marriage. ...
According to the United States Government Accountability Office, there are slightly over one thousand federal laws that treat married people differently from single people. ...
It is unclear what effect the original version of the FMA would have had on the enforceability of state or local domestic partner or civil union laws. Some legal experts concluded that the second sentence of the original amendment would effectively prohibit states and local governments from passing laws granting civil unions, domestic partnerships, or other laws granting legal incidents of marriage by making such laws unenforceable in courts.[4][5]
2004 version The 2004 amendment would prohibit courts from interpreting any state or federal constitution to require same-sex marriage.
The first sentence of the FMA would prevent any state from allowing same-sex marriage, even if the voters of that state amended the state's constitution to require recognition of same-sex marriages. Ratification of the amendment would cause the dissolution of existing same-sex marriages currently recognized in Massachusetts.
The 2004 version replaces the phrase "unmarried couples or groups" with "any union other than the union of a man and a woman." As a result, the FMA would not overturn state laws that grant "legal incidents" of marriage to unmarried male-female couples, such as those in common law marriages. In many jurisdictions, common-law marriage is a legal provision whereby two people who are eligible to marry, but who do not obtain a legal marriage, are nevertheless considered married under certain conditions. ...
Because the second sentence no longer refers to "state or federal law," the Amendment would likely allow state or federal legislators or voters to enact legislation granting some of the "legal incidents" of marriage to same-sex couples. However, legal scholars[citation needed] question whether civil unions would be permitted under this revised language.
Political considerations Although the FMA was widely seen as not having the two-thirds vote necessary to pass either House of the U.S. Congress, it was introduced into Congress.
The bill was subject to a filibuster. A cloture motion to force a direct vote on the FMA was defeated in the Senate on July 14, 2004 by a wider-than-expected margin of 50 nay votes to 48 yea votes. The two missing votes were those of John Kerry and John Edwards, who decided the vote was sure to fail even without them present to vote against it, and chose to remain on the Presidential campaign trail and avoid creating a campaign issue for Bush. The 48 votes in support of the cloture motion were 12 votes short of the 60-vote (three-fifths) supermajority needed to end debate and force a vote on the amendment itself. They were 19 votes short of the 67-vote (two-thirds) supermajority needed to pass the amendment in the Senate. A number of Republicans joined Democrats in voting against the FMA, citing concerns about its wording and the principle of extending federal power into an area of policy traditionally managed by states. In late January 2005, Wayne Allard reintroduced the amendment, complete with 21 co-sponsors, all Republican. Due to 5 Southern seats reverting to Republicans and the defeat of Democratic senator Tom Daschle, the amendment picked up around 4-5 extra votes in the Senate, still not enough to guarantee passage. A filibuster is a process, typically an extremely long speech, that is used primarily to stall the legislative process and thus derail a particular piece of legislation, rather than to make a particular point in the content of the diversion per se. ...
In parliamentary procedure, cloture (pr: KLO-cher) (also called closure, and sometimes a guillotine) is a motion or process aimed at bringing debate to a quick end. ...
July 14 is the 195th day (196th in leap years) of the year in the Gregorian Calendar, with 170 days remaining. ...
2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...
Al Gore (born December 11, 1943) is a Vietnam Veteran and the junior United States Senator from Massachusetts. ...
This article is about the American attorney and politician. ...
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority in order to have effect. ...
Thomas Andrew Daschle (born December 9, 1947), known as Tom Daschle, was a U.S. Senator from South Dakota and the Senate Majority Leader. ...
Despite the amendment's failure in the Senate, the House of Representatives took it up on September 30, 2004. It received 227 yea votes and 186 nay votes, well short of the 290 yea votes needed for adoption.[6] Both sides agree the amendment picked up several House votes after the 2004 elections, but still not close to 290. September 30 is the 273rd day of the year (274th in leap years) in the Gregorian calendar. ...
2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...
Bush administration's stance Early in January of 2005, Bush told the Washington Post that although he still supported the amendment, he would not lobby heavily for the passage because he believed that until a federal court overturned the Defense of Marriage Act, there would not be enough votes for passage. ...
The Defense of Marriage Act, or DOMA, is the commonly-used name of a federal law of the United States that is officially known as Pub. ...
On January 25, 2005, according to the New York Times, Bush told a privately invited group of African-American community and religious leaders that he remained committed to amending the Constitution to "ban same-sex marriage".[7] Over the course of the next two days, it was revealed by the Washington Post and USA Today that the Bush Administration had paid columnists to promote its views on marriage. The Department of Health and Human Services paid Maggie Gallagher $21,500, and Mike McManus $49,000, to write syndicated news columns endorsing the FMA.[8][9] Additionally, Gallagher also received $20,000 in 2002 and 2003 to write a report on government initiatives to strengthen marriage. McManus leads a group called Marriage Savers that works with other organizations to promote marriage as defined between a man and a woman. January 25 is the 25th day of the year in the Gregorian calendar. ...
2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...
The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ...
Languages Predominantly American English Religions Predominantly Christianity and Islam Related ethnic groups Sub-Saharan Africans and other African groups, some with Native American groups. ...
A community usually refers to a sociological group in a large place or collections of plant or animal organisms sharing an environment. ...
Various Religious symbols, including (first row) Christian, Jewish, Hindu, Bahai, (second row) Islamic, tribal, Taoist, Shinto (third row) Buddhist, Sikh, Hindu, Jain, (fourth row) Ayyavazhi, Triple Goddess, Maltese cross, pre-Christian Slavonic Religion is the adherence to codified beliefs and rituals that generally involve a faith in a spiritual...
USA Today is a national American newspaper published by the Gannett Corporation. ...
The United States Department of Health and Human Services, often abbreviated HHS, is a Cabinet department of the United States government with the goal of protecting the health of all Americans and providing essential human services. ...
Maggie Gallagher is a United States writer and commentator who has written a syndicated column for Universal Press Syndicate since 1995. ...
Michael McManus (UK politician)[1] Michael McManus (actor)[2][3] Michael McManus (actor 2)[4] Michael L. McManus (actor)[5] Michael McManus (columnist)[6] This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ...
Vice President Dick Cheney (whose daughter, Mary Cheney, is lesbian[10]) has declined to endorse or condemn the FMA, maintaining that constitutional amendments are an issue for the states.[11] Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal The Vice President of the United States is the first in the presidential line of succession...
Richard Bruce Dick Cheney (born January 30, 1941) is the 46th and current Vice President of the United States, serving under President George W. Bush. ...
Mary Claire Cheney (born March 14, 1969) is the second daughter of Dick Cheney, the Vice President of the United States, and his wife, Lynne Cheney. ...
The FMA has also been divisive in President Bush's Republican party, dividing them by region; Northeastern Republicans are opposed to the amendment while Southern Republicans support it.
Vote in Senate 2006 The Senate vote, on June 7, 2006, was rejected 49 - 48,[12] with the vote mostly following party lines with Democrats opposing and Republicans in favor.[12] The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ...
June 7 is the 158th day of the year in the Gregorian calendar (159th in leap years), with 207 days remaining. ...
For the Manfred Mann album, see 2006 (album). ...
The following Republican Senators opposed or did not vote for the FMA in the vote that was held:
The following Democrat Senators did not vote or voted in favor of the FMA:[12] Lincoln Davenport Chafee (IPA pronunciation: , [CHAY-fee]) (born March 26, 1953) is a Republican United States Senator from Rhode Island. ...
Judd Alan Gregg (born February 14, 1947) is a former Governor of New Hampshire and current United States Senator. ...
Olympia Jean Bouchles Snowe (born February 21, 1947 in Augusta, Maine) is a Republican politician and the senior United States Senator from Maine. ...
John Edward Sununu (born September 10, 1964) is a United States Senator from New Hampshire. ...
With fellow Maine Senator Olympia Snowe Susan Margaret Collins (born December 7, 1952 in Caribou, Maine) is an American politician, the junior U.S. Senator from Maine and a Republican. ...
For McCains grandfather and father, see John S. McCain, Sr. ...
Arlen Specter (born February 12, 1930) is a United States Senator from Pennsylvania. ...
Charles Timothy Chuck Hagel (born October 4, 1946) is the senior United States Senator from Nebraska. ...
Robert C. Byrd Robert Carlyle Byrd (born November 20, 1917) is a West Virginia Democrat serving in the United States Senate. ...
Christopher John Dodd (born May 27, 1944), is an American politician. ...
Earl Benjamin Nelson (born May 17, 1941) is an American politician from Nebraska, where he was born and has lived for most of his life. ...
John Davison Rockefeller IV (born June 18, 1937), generally known as Jay Rockefeller, has served as a Democratic U.S. Senator from West Virginia since 1985. ...
House vote 2006 These Republican Representatives opposed the FMA in the vote on July 18th 2006: Charles Foster Bass (born January 8, 1952) is a member of the United States House of Representatives for the second district of New Hampshire(map). ...
Judy Biggert speaks to a class of high school students. ...
Rep. ...
Mary Bono Mary Whitaker Bono (born October 24, 1961), an American politician, has been a Republican member of the United States House of Representatives since 1998, representing the 45th District of California (map) which includes most of central and eastern Riverside County, including Palm Springs. ...
Michael Newbold Castle (born July 2, 1939) is an American politician who was Governor of Delaware from 1985 to 1992 and has represented Delaware as a Republican member of the United States House of Representatives since 1993. ...
Lincoln Diaz-Balart (born August 13, 1954), American politician, has been a Republican member of the United States House of Representatives since 1993, representing the 21st District of Florida (map). ...
Mario Diaz-Balart (born September 25, 1961), American politician, has been a Republican member of the United States House of Representatives since 2003, representing the 25th District of Florida. ...
David Timothy Dreier (born July 5, 1952), American politician, has been a Republican member of the United States House of Representatives since January 1981, representing the Californias 26th congressional district (map). ...
Michael G. Mike Fitzpatrick (born June 28, 1963, Philadelphia, Pennsylvania) is the outgoing Republican U.S. politician from the state of Pennsylvania, currently representing the states 8th Congressional district([1]) in the U.S. House. ...
Frelinghuysen tours a Superfund site in his district. ...
James Jim Gerlach (born February 25, 1955) is a politician from the state of Pennsylvania, currently representing the states 6th Congressional district (map) in the U.S. House of Representatives. ...
Wayne Gilchrest Wayne Thomas Gilchrest (born April 15, 1946) is a Republican member of the United States House of Representatives representing the 1st district (map) of the State of Maryland since 1991. ...
David Lee Hobson (born October 17, 1936) is an American politician of the Republican party who serves as a U.S. representative from the seventh congressional district of Ohio (map), based in Springfield, Ohio. ...
Nancy Lee Johnson (born January 5, 1935, Chicago, Illinois) is an American politician. ...
Mark Steven Kirk (born September 15, 1959) has been a Member of Congress since 2001, representing the 10th District of Illinois (map). ...
James Thomas Jim Kolbe (born June 28, 1942) was a Republican member of the United States House of Representatives, having served since 1985. ...
James Albert Smith (Jim) Leach (born October 15, 1942), American politician, was a Republican member of the United States House of Representatives. ...
Deborah D. Pryce (born July 29, 1951 in Warren, Ohio) is an American politician from Ohio. ...
Ileana Ros-Lehtinen (also known as Ileana Ros; born July 15, 1952) is a Republican United States Representative from Floridas 18th district (map), having held that office since 1989. ...
John J. H. Joe Schwarz (b. ...
Christopher H. Shays, usually known as Chris Shays (born October 18, 1945), American politician, has been a Republican member of the United States House of Representatives since 1987, representing the 4th District of Connecticut, which includes 17 towns in Southwest Connecticut. ...
Rep. ...
John E. Sweeney (born August 9, 1955) is a former Republican politician from the U.S. state of New York, he represented New Yorks 20th congressional district in the United States House of Representatives. ...
Influence on 2004 presidential election There is much debate about the degree to which the Federal Marriage Amendment influenced the 2004 U.S. Presidential Election. Presidential electoral votes by state. ...
By the time Americans went to the polls, both John Kerry and George W. Bush had somewhat similar positions on gay marriage, opposing the extension of marriage rights to same-sex couples and supporting states' rights on civil unions, although Kerry opposed the Federal Marriage Amendment and affirmatively supported civil unions, while Bush supported the Federal Marriage Amendment, he was not opposed to states enacting their own civil union legislation.[13] Al Gore (born December 11, 1943) is a Vietnam Veteran and the junior United States Senator from Massachusetts. ...
George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ...
Same-sex marriage is marriage between individuals who are of the same legal or biological sex. ...
A civil union is one of several terms for a civil status similar to marriage, typically created for the purposes of allowing homosexual couples access to the benefits enjoyed by married heterosexuals (see also same-sex marriage); it can also be used by couples of differing sexes who do not...
Previously, on February 24, 2004, Bush called for an amendment which would have outlawed gay marriage, and which would have disallowed state constitutions from recognizing or enforcing gay civil unions. Although this fact was not widely publicized outside of the gay press, Bush's statement[14] included a requirement that any amendment "leav[e] the state legislatures free to make their own choices in defining legal arrangements other than marriage." (Note that while it is possible to support vague and undefined "legal arrangements," such as power-of-attorney rights or the right to leave money to a gay partner, for example, and to simultaneously oppose all forms of "civil unions," the amendment would void them all, according to some legal opinions, and as has happened in Ohio with its own state amendment regarding domestic violence laws.) The White House partly clarified Bush's position in a February 24, 2004 press conference [15] with White House Press Secretary Scott McClellan, who stated that by calling on the FMA to permit states the possibility of creating other "legal arrangements," Bush specifically meant to permit states the possibility of enacting civil unions. (McClellan also stated, however, that Bush did not personally support civil unions.) Similarly, at the February 25, 2004 press conference, [16] McClellan stated that the White House intended to work with Congress to develop language for the FMA that permitted states to enact civil unions. Although Bush frequently spoke about FMA on the campaign from February and November 2004, he avoided mention of the phrase "civil unions" until an ABC News interview of October 26, 2004, aired one week before the election.[17] February 24 is the 55th day of the year in the Gregorian Calendar. ...
2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...
Scott McClellan in the press room of the White House Puffy McMoonface (born February 14, 1968) was the White House Press Secretary (2003-2006) for President George W. Bush. ...
The FMA's Republican co-sponsors, Senator Wayne Allard (R-CO) and Representative Marilyn Musgrave (R-CO), announced new language for the proposed amendment on March 23, 2004, replacing the second sentence of the amendment with ""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." Both Allard and Musgrave called the change purely "technical."[18] Though the new language would have allowed hypothetical civil unions to be enacted by state legislatures, some fear it would have prevented both federal and state constitutions the ability to uphold such laws. In other words, states could enact civil unions, which could have been in turn struck down by court cases relying on the interpretation of the revised FMA language, or so the reasoning goes. Such reasoning is considered far fetched by many, however, since of the myriad laws in effect today, virtually none are construed as "required" by any state or federal constitution, yet the courts do not seem to strike these laws down. For example, neither federal nor state constitutions can be construed as requiring parking meters[citation needed], nevertheless courts uphold their use every day. Alan Wayne Allard (born December 2, 1943) is the senior United States Senator from Colorado and a member of the Republican Party. ...
Musgrave (left) receives a pro-life Susan B. Anthony Award from Jane Abraham. ...
March 23 is the 82nd day of the year in the Gregorian Calendar (83rd in leap years). ...
2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...
According to James Dobson, founder of Focus on the Family, the President (speaking through a White House spokesman) agreed with the re-worded amendment. At no point after March 23, 2004 did President Bush voice disagreement with the language of the FMA as it was considered and subsequently voted on by the Senate and House of Representatives. James Clayton Jim Dobson, Ph. ...
Focus on the Family (FOTF or FotF), founded in 1977, is a Christian non-profit organization based in the United States. ...
Pundits alleged in the week before the 2004 election that Bush had changed his mind, that he was expressing support of individual states' rights to permit civil unions in a statement made on October 26, 2004. Before October 26, 2004, however, Bush had never personally voiced support for states' rights to "civil unions," and avoided all mention of an exception for "civil unions" when speaking about the FMA during his 2004 political campaign. The true meaning of the October 2004 statement remains to be seen, and since his re-election, Bush has avoided mention of support for states' rights to civil unions. By contrast, although Kerry supported a Massachusetts State Amendment to traditionally define marriage, he did not support the Federal Marriage Amendment nor a ban on civil unions. Kerry has voiced personal support for civil unions, while George Bush opposed them as Governor of Texas and has never said that he personally supports them (only that he would no longer deny an individual state the right to permit them). October 26 is the 299th day of the year (300th in leap years) in the Gregorian Calendar, with 66 days remaining. ...
2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...
Opponents of the FMA claim polling of the public has shown a cautious response, with many polls indicating opposition, even in states such as Arizona and Colorado which are normally thought of as socially conservative. They claim exit polls from the 2004 elections showed 25% of voters supporting same-sex marriage and another 35% supporting civil unions. Since they also claim the FMA "bans" civil unions they use such purported polling data to claim the FMA is not widely accepted. Official language(s) English Capital Phoenix Largest city Phoenix Area Ranked 6th - Total 113,998 sq mi (295,254 km²) - Width 310 miles (500 km) - Length 400 miles (645 km) - % water 0. ...
Official language(s) English Capital Denver Largest city Denver Area Ranked 8th - Total 104,185 sq mi (269,837 km²) - Width 280 miles (451 km) - Length 380 miles (612 km) - % water 0. ...
While many Democrats believe that the Federal Marriage Amendment was a tool utilized by Bush and Karl Rove to get votes, it is estimated that 12% of Bush voters support same-sex marriage and over 50% support civil unions. This suggests that the voting base for the Republican party has a far more divided position on this issue than is often perceived. The Democratic Party is one of two major contemporary political parties in the United States; the other being the Republican Party. ...
Karl Rove Karl Christian Rove (born December 25, 1950) is Deputy Chief of Staff to President George W. Bush. ...
On the other hand, of the 11 states in which same-sex marriage amendments were on the ballot, all passed handily. Bush won in nine, including Ohio. Interpretation of some exit polling suggests that the amendments may have brought out one million additional voters, most of which came out for the first time to cast their ballots for Bush.[19] Notably, a vast majority of these states have not voted for a Democrat in many years. The two states that Bush did not win, Michigan and Oregon, still passed Amendments barring Same-Sex Marriage. Official language(s) None Capital Columbus Largest city Columbus Largest metro area Cleveland Area Ranked 34th - Total 44,825 sq mi (116,096 km²) - Width 220 miles (355 km) - Length 220 miles (355 km) - % water 8. ...
However, Roberta Combs, President of the Christian Coalition of America claims, "Christian evangelicals made the major difference once again this year." In the 2000 Presidential Election, there was some speculation that many evangelicals did not go to the polls and vote because of the October surprise of George W. Bush's drunk-driving arrest record. In a dozen swing states that decided the presidential election, moral values tied with the economy and jobs as the top issue in the campaign, according to Associated Press exit polls. [20] Tthe question of what "moral values" means is open, however, to much interpretation. Take, for example, the state of Minnesota, where voters ranked moral values as their highest priority. Even so, Kerry still won the state. (Redirected from 2000 Presidential Election) Map The U.S. presidential election of 2000 took place on Election Day, Tuesday, November 7. ...
An October surprise is American political jargon describing a stunning news event with the potential to influence the outcome of an election, particularly one for the presidency. ...
Capital Saint Paul Largest city Minneapolis Area Ranked 12th - Total 87,014 sq mi (225,365 km²) - Width 250 miles (400 km) - Length 400 miles (645 km) - % water 8. ...
Many people insist that the popularity of moral issues in the election was a consequence of voter affirmation for Bush policies. Additionally they claim that so-called moral issues are the clumping of topics that by default appeal to the GOP's base of voters, especially considering Bush's positions on the War on Terrorism. According to a Pace University Poll, most voters who voted with moral issues as a principal concern were happy with the state of the economy and also were early deciders in the Presidential race for Bush: 75% of new voters were self-declared Republicans, 68% were Southerners, and 67% were evangelicals. Combatants Participants in Operations United States United Kingdom Australia New Zealand Canada Russia Germany Netherlands South Korea Japan Poland Greece Hungary Armenia Romania Spain Portugal Czech Republic Belgium Norway Italy Iceland Estonia Denmark France Bulgaria NATO Pakistan Afghanistan Israel Latvia Lithuania Philippines Thailand Ethiopia Turkey Saudi Arabia Bahrain Kuwait Morrocco...
Pace University See also: Pace University High School Pace University is a private, co-educational and comprehensive multi-campus university with campuses in New York City and Westchester County in the U.S. State of New York. ...
Others claim that moral issues did not cause Bush's victory, since most Americans are amenable to allowing some benefits for same-sex couples. But the way the Federal Marriage Amendment was introduced, specifically forcing an "all or nothing" approach to the issue, may have benefited the GOP.
Criticism of the Federal Marriage Amendment This section contains arguments specific to the Federal Marriage Amendment. For arguments for and against same-sex marriage in general, see Same-sex marriage#Controversy Same-sex marriage is a term for a governmentally, socially, or religiously recognized marriage in which two people of the same sex live together as a family. ...
Federalism Opponents of the FMA argue that it would violate the states' rights to regulate marriage by federalizing the issue, which they say should be left to the states. Many liberals have used the federalism argument, including Senator John Kerry, moderate Senator John McCain, and paleolibertarians like Lew Rockwell and Ron Paul, who, while opposing the FMA, oppose gay marriage. Constitutionally defining marriage would not only remove the states' choice, but it would reverse the choices already made in some states, i.e., Massachusetts, Vermont, Connecticut, California, New Jersey and Maine. States rights refers to the idea that U.S. states possess certain rights and political powers in the politics of the United States and constitutional law. ...
Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal The government of the United States of America, established by the U.S. Constitution, is...
Al Gore (born December 11, 1943) is a Vietnam Veteran and the junior United States Senator from Massachusetts. ...
For McCains grandfather and father, see John S. McCain, Sr. ...
Paleolibertarianism is a school of thought within American libertarianism founded by Lew Rockwell and Murray Rothbard, and closely associated with the Ludwig von Mises Institute. ...
Lew Rockwell Llewellyn H. Rockwell, Jr. ...
Ronald Ernest “Ron†Paul (born 20 August 1935) is an American physician and politician from the U.S. state of Texas. ...
Civil rights Opponents of the FMA say that it would be only the second Constitutional amendment to restrict, rather than expand, the civil rights of individuals in the United States. The first was the 18th Amendment on prohibition, which was later repealed by the 21st Amendment. Some people consider some other amendments such as the 16th and the 22nd to be restrictions on civil rights as well. ≥≤°≈≤Ύ Amendment XVIII (the Eighteenth Amendment) of the United States Constitution, along with the Volstead Act (which defined intoxicating liquors excluding those used for religious purposes), established Prohibition in the United States. ...
The term Prohibition, also known as Dry Law, refers to a law in a certain country by which the manufacture, transportation, import, export, and sale of alcoholic beverages is restricted or illegal. ...
Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ...
Amendment XVI (the Sixteenth Amendment) of the United States Constitution, authorizing income taxes in their present form, was ratified on February 3, 1913. ...
Amendment XXII in the National Archives The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States, providing that No person shall be elected to the office of the President more than twice, and no person who has held the office...
Unmarried Heterosexual couples It is argued that the 2002 version of the FMA would have severely affected the ability of heterosexual unmarried couples to seek some degree of legal protection and/or provisions.[21]
Domestic Abuse The effect of an Ohio state constitutional marriage definition has allowed lawyers to use its wording to downplay charges of felony domestic abuse against women in heterosexual relationships to misdemeanor battery, because the couple was not married. In theory, the Federal Marriage Amendment could also be used in such a way.[5][citation needed] For information on the type of fish called Lawyer, see the article on Burbot. ...
For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...
Abuse is a general term for the misuse of a person or thing, causing harm to the person or thing, to the abuser, or to someone else. ...
Heterosexuality is a sexual orientation characterized by esthetic attraction, romantic love or sexual desire exclusively for members of the opposite sex or gender, contrasted with homosexuality and distinguished from bisexuality and asexuality. ...
A misdemeanor, or misdemeanour, in many common law legal systems, is a lesser criminal act. ...
This article does not adequately cite its references or sources. ...
The Right to Privacy Many legal scholars suggest that FMA, by defining the institution of marriage on a federal level for the first time, would force Supreme Court re-interpretation of hundreds of laws affecting existing heterosexual marriages. Legal critics of the FMA frequently call it a "stealth amendment." They point out that the second sentence of the proposed FMA would not be necessary unless social conservatives had a broader and much more radical agenda: to end any implied right to privacy decided on the basis of the U.S. Constitution's omission of the word "marriage," to end state constitution jurisdiction over marriage and marriage-like arrangements, and to allow new federal laws denying access to birth control (for example) to currently married heterosexual couples.
Separation of Church and State Some religious groups argue that having the government decide whether a same-sex marriage should be legally binding on the grounds of the ideology of other religious groups restricts their religious freedom. They argue that marriage is a religious term that should not be defined by the government. Where same-sex marriage is recognized in the United States, no church or other religious institution is forced to perform same-sex marriages, but the FMA would deny the opportunity for religions which approve of same-sex marriage to perform legally binding same-sex marriages.
Unnecessary and ineffective Opponents of the FMA claim that life for those in a heterosexual marriage are not materially affected by a constitutional marriage definition or legalization of same-sex marriage. They state that the FMA is totally unnecessary because federal and state laws, combined with the present state of the relevant constitutional doctrines, already make court-ordered nationwide same-sex marriage unlikely for the foreseeable future. It is claimed therefore, that such an amendment is a solution in search of a problem. It is claimed that Neither federal nor state courts are likely to order same-sex marriage under the traditional interpretation of the Constitution’s Full Faith and Credit Clause. Nor, for the foreseeable future, are courts likely to mandate same-sex marriage under substantive federal constitutional doctrines, such as the Fourteenth Amendment’s Due Process Clause or the Equal Protection Clause. They state that even if individual states recognize same-sex marriages, while other states refuse to recognize them, there is no reason to believe these discordant approaches will create insurmountable legal or public policy problems. There is no uniform national family law, just as there is no uniform national property law or criminal code. Throughout the nation’s history, states have adopted their own family law policies, including their own requirements for marriage. These divergent policies have not created intolerable levels of confusion or conflict among the states.[22]
Arguments in favor of the Federal Marriage Amendment This section contains arguments specific to the Federal Marriage Amendment. For arguments for and against same-sex marriage in general, see Same-sex marriage#Controversy Same-sex marriage is a term for a governmentally, socially, or religiously recognized marriage in which two people of the same sex live together as a family. ...
Restriction of judicial overreach Proponents of the FMA argue that if it were not for judicial overreach, there would be no need for a FMA. They argue that the federalism proposed by the opponents of a constitutional amendment is a contrivance for permitting federal courts to foist same-sex marriage upon the whole nation, no matter what the people of the individual states desire. In essence they see the FMA largely as a defensive measure that would not be necessary if the judiciary were not acting beyond its scope. Proponents support this claim with Citizens for Equal Protection v. Bruning, in which a district court struck down Nebraska's marriage amendment, even though it had been passed by a margin of seventy percent.
Uniform Application of Full Faith and Credit Under the Full Faith and Credit Clause, with certain exceptions, a state is obligated to honor the judgments and declarations of other states. While some assert that a "license" could be construed as a "judgment", the majority of legal scholars disagree. However, it is pointed out that a judgment for divorce is required to be honored because judgments are required to be enforced by out-of-state jurisdictions, regardless of whether those judgments are against the public policy of the out state forum (see Williams v. North Carolina, 317 U.S. 287 (1942) (the case also stated that there is no "authority which lends support to the view that the full faith and credit clause compels the courts of one state to subordinate the local policy of that state, as respects its domiciliaries, to the statutes of any other state"). Because of the intricacies of family law and the mobility of married couples, the recognition of marriages in other states varies. For example, a couple who leaves California for Massachusetts to obtain a valid same sex marriage may not be granted an equitable divorce in California should they file for divorce there. However, if they were granted a valid divorce in Massachusetts, the state of California would be required to uphold the judgment of the Massachusetts court. Using this scenario, not only would same sex-married couples be treated differently depending on the state, they could also be treated differently in the same state depending upon which state their divorce is obtained. The need for clarification on state uniformity in this issue requires a constitutional amendment at the federal level, particularly considering there will be a floodgate of marriages in out-of-state jurisdictions for purposes of obtaining a same sex marriage license.
Family protection FMA proponents say that under the federal Constitution, the regulation of marriage was not given to the national government to control. The Founders left that to the states, through ordinary processes of self-government at the local level. This is part of federalism. Because of federalism in family law, states have adopted varying family policies, which has provided diversity, allowed experimentation, and fostered pluralism in our nation's family laws. Federalism is related to another fundamental tenet of the American legal system, that "governments derive their just powers from the consent of the governed." Those subject to the laws are the ones who should make the laws, and especially those fundamental principles, or constitutions, by which they are governed. Additionally, the Constitution rests on certain principles, including, some say, respect for and special legal protection of the unique institution of conjugal marriage, or the contractual, lifelong union of a man and woman. (Reynolds v. United States, 98 U.S. 145 (1878); Maynard v. Hill, 125 U.S. 190 (1888); Baker v. Nelson 409 U.S. 810 (1972)). Some historians call it "republican marriage" because, in the Founding Era, it was understood to be the basic social unit necessary to inculcate civic virtue and nurture the individual and social values essential for the survival of a republican (representative democracy) form of government.[23] The same-sex marriage movement therefore, according to its opponents, threatens the core institution of marriage, challenges these essential constitutional principles, and imperils the very system of American government, and only the FMA can prevent this from occurring. At the core, political federalism is a political philosophy in which a group or body of members are bound together (Latin: foedus, covenant) with a governing representative head. ...
Holding Religious duty was not a suitable defense to a criminal indictment Court membership Case opinions Laws applied Sect. ...
Baker v. ...
Notes - ^ "Citizens for Equal Protection v. Bruning" (text), United States District Court for the Northern District of Nebraska. (Accessed June 30, 2006)
- ^ Curry, Tom. "Judge strikes down Nebraska gay marriage ban", MSNBC, May 12, 2005. (Accessed June 30, 2006)
- ^ "Little Consensus on Marriage Amendment: Even Authors Disagree on the Meaning of Its Text," by Alan Cooperman, Washington Post, February 14, 2004
- ^ "Marriage Amendment: Oppose Writing Intolerance into the Constitution", American Civil Liberties Union, May 28, 2003 (Accessed July 2, 2006)
- ^ a b Mabin, Connie. "Judge Rules Gay Marriage Ban Prohibits Some Domestic Violence Charges", Associated Press, March 24, 2005. (Accessed June 30, 2006)
- ^ "FINAL VOTE RESULTS FOR ROLL CALL 484", Clerk of the United States House of Representatives, September 30, 2004. (Accessed June 30, 2006)
- ^ Bumiller, Elizabeth. "President Discusses Issues With Black Leaders", New York Times, January 26, 2005. (Accessed June 30, 2006)
- ^ "Bush to agencies: Don't hire columnists to promote agendas", Associated Press, January 25, 2005. (Accessed June 30, 2006)
- ^ Drinkard, Jim and Memmott, Mark. "HHS says it paid columnist for help", USA Today, January 27, 2005. (Accessed June 30, 2006)
- ^ Kramer, Linda. "Mary Cheney Opens Up on Dad, Gay Marriage", People, May 4, 2006. (Accessed [[June 30, 2006)
- ^ Kaufman, Marc and Allen, Maike. "Cheney Sees Gay Marriage as State Issue", Washington Post, August 25, 2004. (Accessed June 30, 2006)
- ^ a b c http://votesmart.org/issue_keyvote_detail.php?vote_id=3841
- ^ http://washingtontimes.com/upi-breaking/20041026-121303-1337r.htm
- ^ http://www.whitehouse.gov/news/releases/2004/02/20040224-2.html
- ^ McClellan, Scott. Press Briefing, White House, February 24, 2004. (Accessed June 30, 2006)
- ^ McClellan, Scott. Press Briefing, White House, February 25, 2004. (Accessed June 30, 2006)
- ^ "Bush's gay union stance irks conservatives", Associated Press, October 26, 2004. (Accessed June 30, 2006)
- ^ "Recent events up to 2004-MAY", ReligiousTolerance.org (Accessed June 30, 2006)
- ^ http://story.news.yahoo.com/news?tmpl=story&u=/afp/20041105/ts_alt_afp/us_vote_bush_religion&cid=1506&ncid=1963&sid=96378801
- ^ http://news.yahoo.com/news?tmpl=story&u=/ap/20041104/ap_on_el_pr/eln_how_bush_won_2
- ^ "Marriage Amendment: Oppose Writing Intolerance into the Constitution", American Civil Liberties Union, May 28, 2003. (Accessed June 30, 2006.)
- ^ Carpenter, Dale. The Federal Marriage Amendment: Unnecessary, Anti-Federalist, and Anti-Democratic, Cato Institute, June 1, 2006. (Accessed June 30, 2006)
- ^ William and Mary Quarterly, 3rd Ser., Vol. 44, No. 4 (Oct., 1987) , pp. 689-721.
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