Amendment to ban gay marriage fails

Allard-sponsored proposal gets one vote more than in 2004

M.E. Sprengelmeyer, Rocky Mountain News

Published June 8, 2006 at midnight

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WASHINGTON - The U.S. Senate scuttled a proposed constitutional amendment banning same-sex marriage on a 49-48 vote Wednesday, handing Sen. Wayne Allard his second defeat in two years, but creating political fodder for this year's congressional elections.

Allard said he was "content" with the results of a procedural vote, even though it was short of the 50-vote majority he had predicted and far short of the 67 needed for eventual passage.

"We continued to grow support for defending marriage as between a man and a woman," Allard said at a Capitol Hill news conference.

He shrugged off claims that it was little more than an election-season diversion. "It's not a waste of time. This is an important issue," Allard said.

It would have taken 60 votes to advance the amendment to final Senate consideration. For weeks, Allard has been saying he expected defeat, but was hoping to show progress by winning more than the 48 votes the amendment received in a similar vote in 2004.

Democrats dismissed this week's debate as divisive and politically motivated. A handful of Republicans, including Sen. John McCain, R-Ariz., also criticized the amendment as an unnecessary restriction on states' traditional right to regulate marriage and family issues.

The amendment, Senate Joint Resolution 1, would have defined marriage across the country as being between a man and a woman. It also would have prohibited courts from requiring states to grant civil-union status or other rights to same-sex couples, although it would allow legislatures to make such decisions.

Allard led the last-minute Senate debate, arguing the amendment would rein in courts that have "trampled on laws democratically enacted in the states."

Sen. Richard Durbin, D-Ill., said that over the past few days his office has been flooded with phone calls from amendment backers "spewing their anger and hatred" against gays.

Durbin said the marriage issue was exploitation to motivate social conservatives before November elections. "This is not about the preservation of marriage. This debate is about preservation of a majority," he said.

Senate Majority Leader Bill Frist, R-Tenn., said Democrats made the same charge in 2004 when they said that "voters didn't care."

In 2004, one key issue that brought social conservatives to the polls was a Massachusetts Supreme Court decision that cleared the way for same-sex marriage in that state.

That summer's vote on Allard's amendment helped motivate religious conservatives such as James Dobson, founder of Colorado Springs-based evangelical Christian group Focus on the Family, to play an active role in electing Republican senators.

Republicans made a net gain of five seats in 2004, but Allard added only one more "yes" vote to the amendment's 2004 tally. He would have had a second additional vote if Sen. Chuck Hagel, R-Neb., had not been traveling with President Bush.

Two Democrats - Sen. Ben Nelson of Nebraska and Sen. Robert -Byrd of West Virginia - joined 47 Republicans in voting to advance the amendment. Seven Republicans joined 40 Democrats and one independent in opposition.

Sen. Ken Salazar, D-Denver, said he believes marriage should be between a man and a woman, but did not think a constitutional amendment was needed.

The marriage issue appears dead for the year, but a vote is expected this summer on a similar proposal in the House led by Rep. Marilyn Musgrave, R-Fort Morgan.

President Bush said in a statemetn he was disappointed the measure did not move forward.

In a statement, Jo Wyrick of the gay-rights group National Stonewall Democrats, called the issue "a divisive, destructive political maneuver on the part of Republican operatives."

"They were pro-marriage when they had to go before the voters in 2004, but they abandoned marriage now that they're safe. How spineless."

Tom Minnery, vice president of Focus on the Family about Sens. Arlen Specter, R-Pa., and Judd Gregg, R-N.H., who voted against the amendment, and Sen. Chuck Hagel, R-Neb., who missed the vote.

"Senator (Bill) Frist and President Bush never should have wasted our country's time with such divisive election-year fear-mongering."

Ralph Neas, president of People for the American Way.

Colorado votes

• Republican Sen. Wayne Allard, sponsor of the amendment, voted yes.

• Democratic Sen. Ken Salazar voted against the amendment.

Did not vote

• Chuck Hagel, R-Neb.

• Chris Dodd, D-Conn.

• Jay Rockefeller, D-W.Va.

GOP 'no' votes

• Judd Gregg of New Hampshire

• Arlen Specter of Pennsylvania