A proposed constitutional amendment to ban gay marriage was defeated Tuesday in the House of Representatives. The vote was 236 yeas, 187 nays, 1 present and 9 not voting - failing to get the two-thirds majority, or 290, yea votes, needed to approve a resolution to amend the Constitution.
Prior to the vote, supporters of the measure were resigned to another losing effort, but were determined to use the loss to highlight the issue in this fall's elections.
"This vote will serve as an opportunity for each and every member of this body to go on record in support or in opposition to protecting the traditional definition of marriage," said Rep. Phil Gingrey, R-Ga., at the opening of the debate on the proposal to define marriage as a union of a man and a woman.
Opponents disparaged the measure as both meaningless - the Senate last month decisively rejected the amendment - and mean-spirited.
"This bill, to put it simply and bluntly, is about adding discrimination and intolerance to the United States Constitution," said Rep. James McGovern,, D-Mass.
American values agenda
The marriage amendment is part of the "American values agenda" the House is taking up this week that includes a pledge protection bill and a vote on President Bush's expected veto of a bill promoting embryonic stem cell research. Bush has asked, and social conservatives demanded, that the gay marriage ban be considered in the run-up to the election.
Voter turnout affected
The White House, in a statement Tuesday, urged passage of the measure. "When activist judges insist on redefining the fundamental institution of marriage for their states or potentially for the entire country, the only alternative left to make the people's voice heard is an amendment of the Constitution."
The same-sex marriage debate mirrors that of the 2004 election year, when both the House and Senate fell well short of the two-thirds majority needed to send a constitutional amendment to the states. But the issue, in the form of state referendums, helped bring conservative voters to the polls.
One result has been that, while Congress stayed on the sidelines, state legislatures moved aggressively to define marriage as a union between a man and a woman.
State by state momentum
Forty-five states have either state constitutional amendments banning gay marriage or state statutes outlawing same-sex weddings. Even in Massachusetts, the only state that allows gay marriage, the state's high court recently ruled that a proposed constitutional amendment to ban future gay marriages can be placed on the ballot.
"Our momentum in the states is extremely strong and Washington is playing catch-up," said Matt Daniels, president of the Alliance for Marriage.
Daniels, who was involved in drafting the amendment's language, said it was essential that Congress eventually set a national standard. Members of Congress are "the only hope for seeing marriage protected in this country and they should be on record."
But Rep. Barney Frank, an openly gay Democrat from Massachusetts, said the amendment would prevent states such as his own, where thousands of same-sex couples have married over the past 2 1/2 years, from making decisions on what constitutes marriage.
"I do not understand what motivates you," Frank said Monday, addressing Republicans on the Rules Committee. "I don't tell you who to love."
The proposed amendment said that "marriage in the United States shall consist only of the union of a man and a woman. Neither the 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."
One conservative group, the Traditional Values Coalition, said it was a "good thing for traditional marriage" that the measure was unlikely to pass because it wasn't clear enough in ruling out civil unions between gays.
"We have just won several important court decisions in the past few weeks," said the coalition's executive director, Andrea Lafferty, but the amendment's proponents "are still playing 'Let's make a deal' with the liberals and the homosexual lobby."
The Senate took up the measure last month but fell 11 short of the 60 votes needed to advance the legislation to a final vote. The last House vote on the issue, just a month before the 2004 election, was 227-186 in favor of the amendment, 39 short of the two-thirds majority needed to advance a constitutional amendment.
The U.S. Constitution has been amended only 27 times, including the 10 amendments of the Bill of Rights. In addition to two-thirds congressional approval, a proposed amendment must be ratified by three-fourths of the states.