WASHINGTON (NYTimes)
February 24, 2004 — President Bush on Tuesday declared his support for an
amendment to the Constitution that would ban gay marriage, saying the union of a
man and a woman is "the most fundamental institution of civilization" and that
it cannot be separated from its "cultural, religious and natural roots" without
weakening society.
In a five-minute announcement in the
Roosevelt Room of the White House, Mr. Bush said that he was acting because
"activist judges" had made aggressive efforts to redefine marriage and that
preserving the institution was now a matter of national importance.
Mr. Bush said states should be permitted to
have gay civil unions, even though White House officials said he would not have
endorsed such unions as governor of Texas.
"The amendment should fully protect
marriage while leaving the state legislatures free to make their own choices in
defining legal arrangements other than marriage," said Mr. Bush, who took no
questions from reporters and left the room after completing his remarks.
Mr. Bush was acting under enormous pressure
from conservative supporters, who insisted that he speak out in an election year
on a matter of critical importance to many of his Christian backers.
The pressure has increased in the wake of
recent events in Massachusetts and San Francisco. Massachusetts is under court
order to begin issuing same-sex marriage licenses on May 17 and San Francisco's
City Hall has been transformed into a marriage parlor for thousands of gay and
lesbian couples. Mayor Gavin Newsom of San Francisco, who authorized the
issuance of marriage licenses to same-sex couples, responded defiantly on
Tuesday to Mr. Bush's remarks.
Republicans said Mr. Bush was also seeking
to draw a sharp distinction between himself and the Democratic front-runner in
the primaries, Senator John Kerry of Massachusetts. In 1996, Mr. Kerry was one
of 14 senators to vote against the Defense of Marriage Act, which defined
marriage as a union between one man and one woman. Mr. Kerry opposes gay
marriages but supports civil unions.
Mr. Bush's announcement, even though widely
expected, immediately ignited a furious debate between conservatives who
applauded it and gays who denounced it.
"It's a declaration of war on gay America,"
said Matt Foreman, executive director of the National Gay and Lesbian Task
Force. "This is such a transparent attempt to use our lives and our families to
drive a wedge into the electorate purely for political gain. I knew this was
coming for a long time, but to actually read it in print, and to see him say it,
left me shaking in both hurt and anger."
The Rev. Richard D. Land, the president of
the Ethics and Religious Liberty Commission of the Southern Baptist Convention,
embraced the decision, saying: "I'm delighted and I'm pleased, but I'm not
surprised. The president's been signaling this for quite a while that he would
support this if we reached the last resort. And we've now reached the last
resort. Our forefathers gave us this procedure in times of crisis when the
people's will is being disregarded."
Mr. Bush urged the Congress to move quickly
on an amendment, which needs approval from two-thirds of the House and the
Senate and then passage in at least three-fourths of the state legislatures, or
38, over a period of up to seven years.
On Capitol Hill, Senate Republican leaders
said an amendment could reach the floor before November, with hearings as early
as next week. But Representative Tom DeLay of Texas, the House majority leader,
was more cautious about the timing.
"This is so important we are not going to
take a knee-jerk reaction to this," Mr. DeLay said. "We are going to look at our
options and be deliberate about what solutions we may suggest."
Republicans said Mr. DeLay, who commended
Mr. Bush for his leadership on the issue, was strategically reluctant rather
than ideologically to move quickly on the amendment. Mr. DeLay said on Tuesday
that it would be "very difficult" to get such a measure through Congress and
that some Republicans were strongly resistant to changing the Constitution.
No House or Senate advocates of an
amendment have come to any agreement on its wording, though various proposals
are circulating. White House officials said Mr. Bush liked the language in the
only amendment introduced so far, by Representative Marilyn Musgrave, Republican
of Colorado.
That proposal states: "Marriage in the
United States 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."
Senator Kerry's chief rival for the
Democratic presidential nomination, Senator John Edwards of North Carolina, does
not support gay marriages either, saying instead that the government could take
other steps for gay couples, like provide partnership rights and adoption
rights.
Recent opinion polls have consistently
found that the majority of Americans oppose gay marriage. A CNN/USA Today/Gallup
poll conducted Feb. 16-17, for example, found that 64 percent thought that gay
marriage should not be recognized by the law as valid.
But there is less support in opinion polls
for amending the Constitution to prohibit gay marriage. In a New York Times/CBS
poll in mid-December, 55 percent said they favored an amendment banning gay
marriage; in the National Annenberg Election Survey in mid-February, 41 percent
said they supported a constitutional amendment to prohibit states from enacting
same-sex marriage.
In his remarks, Mr. Bush said he was
reacting to the ruling by the Massachusetts Supreme Judicial Court, which
essentially ordered the state to begin granting marriage licenses to gay couples
on May 17, and to city officials in San Francisco who have issued thousands of
licenses.
Those actions, he said, could have "serious
consequences throughout the country." There was no assurance, he added, that the
Defense of Marriage Act would not itself be struck down by "activist courts."
The only recourse, he said, was to amend
the Constitution on an issue that he acknowledged reached into Americans' most
private activities.
"America's a free society, which limits the
role of government in the lives of our citizens," he said. "This commitment of
freedom, however, does not require the redefinition of one of our most basic
social institutions."
At the end of his remarks, Mr. Bush spoke
of the need for tolerance, saying there was "no contradiction" between a
government that respected every person but also protected the institution of
marriage.
Neither Mr. Bush nor White House officials
defined what they viewed as the difference between gay marriages and civil
unions, which would extend legal rights to gay partners. But in supporting the
rights of states to offer civil unions, Mr. Bush opened himself up to criticism
from some of his most conservative supporters.
"We are concerned that he left the door
open for the states to create gay marriage by another name, namely civil unions
or domestic partnerships," said Robert Knight, the director of the Culture and
Family Institute. "He started out great, but at the end he basically gave a
green light to cities and states to create gay marriage by another name."
Gay supporters of Mr. Bush were also
unhappy, some saying he was pandering to extreme conservatives.
"This is reminiscent of Pat Buchanan's
culture-war speech at the 1992 Republican convention that helped lose the
election for the first President Bush," said Patrick Guerriero, the executive
director of the Log Cabin Republicans, a group of gay conservatives.
Mr. Guerriero said his group would attend
the Republican convention in "record numbers" to defend "part of the American
family" if the party chose to marginalize it.
Mary Cheney, a Bush campaign official and
the openly gay daughter of Vice President Dick Cheney, had no comment on the
announcement. Neither did Mr. Cheney.
Last month, in interviews with The Rocky
Mountain News and Denver Post, Mr. Cheney said he would support the president on
the issue.
"At this stage, obviously, the president is
going to have to make a decision in terms of what administration policy is on
this particular provision," he said, "and I will support whatever decision he
makes."
White House officials struggled to cite
examples of how allowing gay marriage would undermine the social fabric of the
United States, as Mr. Bush suggested in his remarks.
Scott McClellan, the White House press
secretary, said Mr. Bush addressed that question when he said that "ages of
experience have taught humanity that the commitment of a husband and wife to
love and to serve one another promotes the welfare of children and the stability
of society."