Bush Urges Congress to Pass Gay Marriage Amendment

Bush acknowledged that changing the Constitution is a solemn endeavor.

"An amendment to the Constitution is never to be undertaken lightly," Bush said. "The amendment process has addressed many serious matters of national concern, and the preservation of marriage rises to this level of national importance.

"The union of a man and woman," the president said, "is the most enduring human institution, honored and encouraged in all cultures and by every religious faith. 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. Marriage cannot be severed from its cultural, religious and natural roots without weakening the good influence of society."

Today, Bush specifically cited the issuance of more than 3,000 licenses in San Francisco for same-sex marriages since the city allowed the practice on Feb. 12 and the November ruling by the Supreme Judicial Court of Massachusetts declaring that state's ban on same sex marriage a violation of the state constitution.

Since each state must recognize the legal actions of the others under the Constitution, Bush said he feared the spread of "uncertainty" throughout the country on the subject of marriage as individual states are forced to decide whether to recognize a same-sex marriage performed somewhere else.

"The Constitution says that full faith and credit shall be given in each state to the public acts and records and judicial proceedings of every other state," he said. "Those who want to change the meaning of marriage will claim that this provision requires all states and cities to recognize same-sex marriages performed anywhere in America," Bush said.

He noted that the federal "defense of marriage act" is supposed to free states not to recognize same-sex marriages. But the president expressed concern that the law might also be overturned by a court.

While hundreds of serious attempts and thousands of less serious attempts have been made to amend the Constitution, only 27 proposals have made it into the Constitution since it was drafted in 1787. The amendment process is slow and difficult, ultimately requiring the approval of three fourths of the states. The president has no formal role in the process.

The last amendment, the 27th, protects the salaries of sitting members of Congress. It was proposed in 1789 and sat around ignored for two centuries before ratification in 1992.

By contrast, the 26th amendment, giving 18-year-olds the right to vote, was proposed by Congress on March 23, 1971, and ratified by July 1, 1971.

There are two ways spelled out in the Constitution for amendments. Both have proven extremely difficult to achieve.

The first method is for a bill to pass both houses of Congress by a two-thirds majority in each. Once the bill has passed both houses, it requires the approval of three fourths of the states, either through their legislatures or in conventions. This is the route taken by all current amendments.

The second method is for a constitutional convention to be called by two-thirds of the legislatures of the states, and for that convention to propose one or more amendments. These amendments are then sent to the states. This route has never been taken.

The majority of states have passed laws defining marriage as between a man and a woman, and a coalition of conservative organizations has begun a push to amend the U.S. Constitution for a similar definition of marriage.