Musgrave's gay marriage amendment falls short

Republicans call 236-187 House vote a 'victorious defeat'

Nicholas Beadle, Scripps Howard News Service

Published July 19, 2006 at midnight

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WASHINGTON - Rep. Marilyn Musgrave's second effort to pass a constitutional amendment to ban gay marriage fell short of the two- thirds majority it needed to pass Tuesday.

But with a 236-187 majority backing the measure, nine more than in 2004, Musgrave and other House Republicans called the outcome a "victorious defeat" and vowed to resurrect the amendment next term.

A similar bill failed in the Senate last month, garnering 49 votes.

Some members said the measure is unnecessary. Forty-five states either have constitutional amendments banning gay marriage or statutes outlawing same-sex weddings.

But on the floor of the House on Tuesday, Musgrave said until there is an amendment to the U.S. Constitution, the door will be open for courts to decide on gay marriage.

"Every child deserves a father and a mother," said Musgrave. "It would be the very height of foolishness to trust the Supreme Court to protect traditional marriage."

Democrats characterized Tuesday's debate as a Republican ploy to distract Americans from other issues and to energize conservative voters in advance of the November elections.

"We're not going to debate an exit strategy in Iraq. We're not going to debate a plan to lower the price of gas," said Rep. Marty Meehan, D-Mass. "Oh, no, we're going to debate gay marriage."

But Republicans said the amendment is needed to preserve the country's values and protect clergy from being forced to marry gay couples.

Because passing a constitutional amendment is usually a grueling, protracted process, gay marriage opponents should be happy with the gains they made Tuesday, said Amanda Banks of the Colorado Springs-based Focus on the Family.

Sean Duffy, executive director of Coloradans for Fairness and Equality, said of amendment backers, "We hope we can get it out of their system and move on to things that are of much bigger concern to the American people." The group is promoting a domestic partnership measure on Colorado's November ballot.

At a news conference after the vote, however, Musgrave and the amendment's supporters said they will persist until there is a constitutional guarantee that gay couples could not marry.

"We will continue to stand for marriage," she said.

Proposal at a glance

• The amendment: "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."

• Supporting the amendment: Along with Musgrave, Republican Reps. Bob Beauprez, Tom Tancredo and Joel Hefley.

• Opposing the amendment: Democratic Reps. John Salazar, Mark Udall and Diana DeGette.

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