Back to Matrimony: The Federal Marriage Amendment Resurfaces

Do you think the Constitution should be altered in order to prevent gay marriage? Should marriage issues be left to the states? What is the meaning of marriage to you?

The Federal Marriage Amendment, which would change the Constitution to define marriage as "a union between one man and one woman," has returned to the Congressional stage.

Some argue that the amendment is of vital importance, while others say that Congress should be attending to more urgent matters like the budget and Iraq.

Amending the Constitution

Not since the Eighteenth Amendment, which prohibited alcohol consumption, has Congress so clearly attempted to legislate behavior that some lawmakers deem harmful to society.

Like proponents of alcohol prohibition, those in favor of the Federal Marriage Amendment claim that gay marriage will damage our society. This position is open for debate, as is the idea that the Constitution should limit rights instead of grant them.

Most often in our history, amendments to the Constitution have been used to grant rights in order to reflect society’s evolution. For example, the Thirteenth Amendment ended slavery; the Fifteenth Amendment allowed men of color to vote; the Nineteenth Amendment granted women the right to vote, and the Twenty-Sixth amendment gave people 18 and older the right to vote.

All of the other constitutional amendments have to do with government processes, such as presidential terms, payment of Congresspeople, and what should happen when an elected position becomes suddenly vacant. Except for the Twenty-First Amendment, which repealed prohibition, constitutional amendments have either granted rights or clarified procedure.

The Federal Marriage Amendment is, therefore, unusual. It would limit the power of the courts and state governments which currently set the laws and judge the cases dealing with marriage.

Where it is in the process

On May 18, 2006, the Senate Judiciary Committee approved the amendment 10-8 along party lines. A constitutional amendment requires the support of two-thirds of both the House and Senate.

Majority Leader Bill Frist from Tennessee wants to bring the resolution to the floor as soon as Congress returns from its Memorial Day recess, although it is highly unlikely to get the two-thirds majority vote needed for passage. In July 2004, the Senate did not even have enough votes to limit debate or, invoke cloture.

If it were to pass with the support of two-thirds of both the House and Senate, it would then need to be ratified by three-quarters - 38 - of the states.

Specter’s dilemma

Senate Judiciary Chairman Arlen Specter (R-PA) opposes the Federal Marriage Amendment, but voted for the measure in committee in order to send it to the full Senate.

Before assuming the chairmanship last year, Specter promised not to block in committee any GOP measures or nominations that he personally opposes. Specter said he was voting "aye for committee and no on the floor."

What do you think?

Why do you think Senate Republicans are moving forward with the Federal Marriage Amendment when they probably don’t have enough votes to carry it? Americans sharply disagree on gay marriage; it is considered a "wedge" issue because it divides us. How do you feel about gay marriage? How should the government approach such a divisive issue?

Your input matters

Your representatives DO care what you think. Especially now -- 2006 is an election year and many representatives will be looking to reconnect with their constituents. Let your congressmen and women know what you think! Give your senators a piece of your mind! To find your reps, click here.

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Update Posted on: 5/28/2006