Bush seeks gay-nuptial ban

He backs an amendment; Demos say it's just politics

Published: Wednesday, Feb. 25, 2004 6:36 a.m. MST
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WASHINGTON — President Bush sounded a clarion call Tuesday for a constitutional amendment to ban same-sex marriage, saying that is now the only sure way to stop activist judges from permanently twisting millennia-old views of marriage and family.

Utah's members of Congress hailed that, but two Republicans — Sen. Bob Bennett and Rep. Rob Bishop — stopped short of fully endorsing an amendment for now, weighing whether less drastic measures may suffice. Meanwhile, gay groups accused Bush of depriving civil rights, and Democratic leaders said he is playing politics.

Bush said in a televised speech from the White House, "Activist courts have left the people with one recourse. If we are to prevent the meaning of marriage from being changed forever, our nation must enact a constitutional amendment to protect marriage in America."

That comes as San Francisco issued thousands of marriage licenses to same-sex couples over the past week; as a New Mexico county also began to issue such licenses; and as Massachusetts' top court ruled such marriages must be allowed.

Bush said all of that is happening despite passage of the federal Defense of Marriage Act eight years ago to define marriage as the legal union between a man and a woman. Even with that law, he said he worries court rulings may force all states to recognize any gay marriage granted by another state.

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"After more than two centuries of American jurisprudence and millennia of human experience, a few judges and local authorities are presuming to change the most fundamental institution of civilization. Their actions have created confusion on an issue that requires clarity," Bush said.

He said amending the U.S. Constitution is never to be taken lightly, but "the preservation of marriage rises to this level of national importance."

Bush, however, still favors amendment wording that would allow states "to make their own choices in defining legal arrangements other than marriage," such as civil unions.

Utah's members of Congress all said they support defending traditional marriage — although Bennett and Bishop are studying whether it can be done without a constitutional amendment. They also say it could face a tough fight as even conservatives are split about whether the amendment should allow civil unions or if it is wise to alter the Constitution.

"If the community of faith isn't clearly in support of this, I'm not sure it gets anywhere. If people get behind the president, it will — and I hope it does," said Rep. Chris Cannon, R-Utah, a member of the House Judiciary Committee. "What the president suggests is a good compromise. It's not anti-gay, it's pro-marriage and pro-children."

Mary Jane Collipriest, spokeswoman for Bennett, said the senator believes traditional marriage must be defended — but "he's carefully reviewing the implications of the proposed federal marriage amendment . . . and exploring all options to determine the most prudent course."

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