September 19.2003 • ¡m m I M tfji g
nTïïïTîTÏÏTnTïnews
n oversight hearing on the Defease
prohibitions on same-sex marriage more gener
of Marriage Act—and implicitly
ally will be held to be unconstitutional...within
whether a constitutional amend
the next five to 15 years."
ment is necessary to prevent same-
Michael Farris, an attorney and leader in the
Mk. sex couples from marrying—con Senate Democrats question necessity of judiciary committee hearing
Christian home schooling movement, charged:
cluded with gay rights advocates heartened and
“The courts are robbing the American people of
by B o b R oeh r
social conservatives at least mildly disappointed.
their fundamental right to self-government. We
The Senate Subcommittee on the Giastitution of
are on the verge of a judicial revolution that has
got to stop."
the judiciary Gimmittee held the hearing Sept. 4.
“I have long opposed government recogni
Carpenter disagreed. “N o person who cares
tion of same-gender marriages, and this legisla
about the Constitution should support this
tion [DOMA] is consistent with that position,”
amendment. As a conservative, I believe it is
said chairman John G>myn, R-Texas, in his
unnecessary, it is unwise, it is contrary to the
opening statement. “The question before us now
structure of our federal government, it is anti-
is whether the popular and bipartisan legislation
democratic, and it is a form of overkill.... It is a
solution in search of a problem.”
will remain the law of the land, as the people
mW
m
intend, or he overturned by activist courts."
He said the amendment also might negate
domestic partnerships, civil unions and other pro
Those words pleased social conservatives, but
tections. Hundreds of thousands of children are
G tm yn’s tone— the coolness of a bureaucrat, not
the visceral tear and loathing that tinges the voic
being raised by gay couples in the United States,
he noted. “Where are the protections under the
es of many on the right in discussing gay mar
law for these children?"
riage— surely must have left many of them want
ing more. His framing of the hearing— “Ameri
added: “The
Two years ago we were basic Carpenter
cans instinctively and laudably support two fun
question to ask and to
damental propositions: that every individual is
answer is: Given that gay peo
all united against the
worthy of respect and that the traditional institu
ple exist in America and are
common
threat
of
tion of marriage is worthy of protection”— indi
not going to be removed, what
cated the balance he brought to the proceedings.
terrorism; now I'm sitting is to be done about them? Are
Five Democratic senators actively tcxik on
we to shunt them to the side, to
here and beina told that ostracize, to marginalize them?
the far-right witnesses. Patrick Leahy of Vermont
Or are we bring them into the
set the tone for the Democrats when he re “We should not seek to amend the Gmstitution
member of the Alliance for
viewed the many pressing issues facing the coun in a way that will reduce its grandeur."
Marriage in Massachusetts,
fabric of American life?"
try and said: “ I wonder whether
Throughout U .S. history,
discussed "the tripling of
Keith Bradkowski spoke
threat to our country"
more than 10,OCX) amendments
fatherlessness" in the Unit
movingly of his 11 -year rela
this issue really should demand
— Keith Bradkowski tionship with Jeff Collman, a
the attention of G m gress.... 1
to the Gmstitution have been
ed States and the impor
tance of stable families in
fear that it may be political act
proposed, but only 17 have been
flight attendant on the first
raising children. “Marriage must be seen as an
ing for some outside of the G m
passed in 200-plus years, said
plane to slam into the World Trade Center on
Dale Girpenter, University of institution that goes beyond the contractual giv 9/11, and of the difficulty of everything from
gress who want to be able to
Minnesota law professor and for ing of rights and even beyond the emotional cel obtaining a death certificate to maintaining their
score political points at the
mer national board member of ebration of the love of two people for each other.”
house because they were not legally married.
expense of gay and lesbian
Americans." Leahy’s appearance
Log Gibin Republicans. “That
Maggie Gallagher, president of the Institute for “The terrorists who attacked this country killed
system has worked enormously
was noteworthy because, while
Marriage and Public Policy, asserted, “Marriage is people not because they were gay or straight but
well.. .we ought to be very reluc about getting children the mothers and fathers
because they were Americans.... Two years ago
he is the ranking Democrat on
we
were all united against the common threat of
that
they
need."
She
acknowledged
that
the
“cri
the full committee, he does not
tant to touch that diKument,
essentially on the basis of hypo sis” of marriage and the family has (xxurred “for terrorism; now I’m sitting here and being told
serve on the subcommittee.
"The question before thetical fears and conjecture."
that our relationship was a threat to our country."
reasons that obviously have nothing to do with
Russ Feingold, D-Wis., said
gays and lesbians and advocates of gay marriage.”
Richard Durbin, D-Ill., expressed his support
he was one of the few senators
G>myn reminded the room
us now is whether
"Unisex marriage is making a powerful state for traditional marriage and noted that he had
that the hearing “is not about
who voted against DOMA. Gay
the popular and
marriage was far down the list of
whether we should adopt a con ment by law and by our government that chil voted for DOMA. But when it comes to the
concerns raised by his con
Federal Marriage Amendment, “ 1 don’t want to
stitutional amendment," which dren do not need mothers and fathers. That
bipartisan
legislation
motherless and fatherless families are not only
stituents during the 21 town
take a roller to a Rembrandt.” He called it "pre
has been introduced in the
meetings he held in the state
will remain the law House but not the Senate. “In •just as good, they are just the same as a mother- mature to the extreme.”
“When 1 hear Mr. Bradkowski’s story, it is
during the August recess. He
my view, that is premature.” Dis father married family," she maintained.
o f the land,
questioned why the fxxly should
cussion of an amendment “is for
Gregory Coleman, former solicitor general of one that I’ve heard over and over again,” Dirhin
said. “There are certain things that we should
Texas, reviewed the history of legal challenges
be devoting time to “a divisive
as the people intend, a future date, or not.”
have done to make your grief and sorrow a little
on same-sex marriage and two key decisions by
issue that is best left to the states
Six witnesses testified in total
or
be
overturned
less, and we didn’t. And 1 think we can without
and courts."
at the hearing, four of whom sup the U.S. Supreme Court: the Romer case that
assaulting the issue of marriage.” J H
port permanently banning gay struck down Colorado’s Amendment 2 and the
Aside from the mistake of
by activist courts"
Lawrence decision that struck down s<xlomy
couples from attaining the rights
prohibition, “the Gmstitution
B or ROEHR is a free-lunce reporter based in
laws earlier this year. He concluded, “It is likely,
and protections of civil marriage.
has never been amended to
Washington, D .C .
though not inevitable, that DOMA itself and
The Rev. Ray Hammond, a
limit basic rights," Feingold said,
D efending M arriage
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