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Bush won't push for gay marriage ban in Senate [if DOMA thought constitutional, futile to try?]
AFP via yahoo ^ | Jan 16, 2005

Posted on 01/16/2005 10:41:43 AM PST by Mike Fieschko

WASHINGTON (AFP) - President George W. Bush (news - web sites) will not actively seek to ban gay marriage in the United States during his second term in office, a stance certain to anger the social conservatives who helped re-elect him.

The Washington Post asked Bush if he would aggressively lobby senators during his second term in office to pass an amendment outlawing marriage in all 50 states.

"I do believe it's necessary," Bush said Sunday. But he went on to imply that pursuing it in the US Senate, which must approve a constitutional amendment by 67 of its 100 votes, would be futile.

Many Senators think the Defense of Marriage Act, an existing law that allows states not to recognize gay marriages enacted in other states, is sufficient, according to Bush.

"The point is, is that Senators have made it clear that so long as DOMA is deemed constitutional, nothing will happen. I'd take that admonition seriously," Bush told the Post.

Bush voiced active support for a gay marriage ban during the 2004 presidential camaign, whipping up support from social conservatives including Evangelical Christians who turned out in droves to re-elect him.

Immediately after his election victory his top political strategist said the president would "absolutely" continue his fight on the politically and socially divisive issue.

"Without the protection of that amendment, we are at the mercy of activist federal judges or activist state judges who could, without the involvement of the people, determine ... that marriage no longer consists of a union between a man and a woman," Karl Rove told Fox News.



TOPICS: Culture/Society; News/Current Events
KEYWORDS: frenchpress; mariage

1 posted on 01/16/2005 10:41:43 AM PST by Mike Fieschko
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To: Mike Fieschko
I disagree with the slanted tone of this article that Bush will not actively seek the admendment.

"Without the protection of that amendment, we are at the mercy of activist federal judges or activist state judges who could, without the involvement of the people, determine ... that marriage no longer consists of a union between a man and a woman," Karl Rove told Fox News.

Washington post...

2 posted on 01/16/2005 10:48:51 AM PST by bill1952 ("All that we do is done with an eye towards something else.")
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To: bill1952

slanted but correct that unless the DOMA comes under attack, senators will use that as an excuse not to pass an amendment. No way can he get 67 senators to approve it now.


3 posted on 01/16/2005 10:52:22 AM PST by Pikamax
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To: Mike Fieschko

I don’t think that the Amendment was such a big deal to social conservatives, but I do think that watching the renegade mayors and judges cram gay marriage down the electorate’s throat made them and most everyone else angry.

I think what’s most important for us all was to stop the radical gays' momentum. Bush stopped it dead in its tracks, and that’s what’s important.


4 posted on 01/16/2005 10:54:02 AM PST by elfman2
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To: Mike Fieschko
I am adamant to maintain the original definition of marriage, but especially adamant against judges forcing the government to use a different definition, as they did in my state.

I think we are in a battle of diminishing backlashes. Most places in America, the electorate reacts decisively against gay marriage when there is a political choice. Fear of that backlash will stall momentum for quite a time, and may even further marginalize the radical judges who dare to leap into the breach.

But pushing for a Constitutional Amendment does have an opposite backlash. Even though I am in favor of FMA, I can see putting it on hold.

5 posted on 01/16/2005 10:54:55 AM PST by NutCrackerBoy
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To: Pikamax
Perhaps, but also on point is that there is an election coming in 2006 and this is the year to identify those opposed, with an eye towards replacing those dems.

It's good hardball, the Republican Senators can lay off the media storm on Bush, and the Prez loses little by doing that which he said that he would do.

I doubt that anything will ever happen if something is not done in 05.

6 posted on 01/16/2005 10:59:39 AM PST by bill1952 ("All that we do is done with an eye towards something else.")
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To: bill1952

They just can't help themselves, but in this case it will backfire on the WP's liberal agenda.


7 posted on 01/16/2005 11:01:40 AM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: Pikamax
No way can he get 67 senators to approve it now.\

But if we forced them to vote on it now, a no vote could be used against them the next time they're up for reelection.

8 posted on 01/16/2005 11:01:57 AM PST by Paleo Conservative (Hey! Hey! Ho! Ho! Dan Rather's got to go!)
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To: Mike Fieschko

2 words for ya "W" Constitutional Convention. We The People Need NO Federal Govt's permission to hold one of those. AND the US Constitution does not was what a National Con Con has to look like so these could be VERY dangerous!


9 posted on 01/16/2005 11:17:43 AM PST by zzen01
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To: elfman2

"I think what’s most important for us all was to stop the radical gays' momentum. Bush stopped it dead in its tracks, and that’s what’s important."

Agreed. The DOMA is a strong piece of legislature that needs to be wielded like a club. I don't want to see the Constitution amended over "Gay Marriage." We have more pressing matters than that.

"The Defense of Marriage Act (DOMA) does two things. First, it provides that no State shall be required to give effect to a law of any other State with respect to a same-sex "marriage." Second, it defines the words "marriage" and "spouse" for purposes of Federal law."

http://www.lectlaw.com/files/leg23.htm


10 posted on 01/16/2005 11:26:30 AM PST by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: Mike Fieschko

If Bush does not intend to push for an Amendment against Same Sex Marriage, He should start to retire the Federal Judges that misinterpret the meaning of the Laws!


11 posted on 01/16/2005 11:53:57 AM PST by 26lemoncharlie (Sit nomen Dómini benedíctum,Ex hoc nunc, et usque in sæculum! per ómnia saecula saeculórum)
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To: Paleo Conservative

I think this whole episode was a political ploy by Bush.
It was a way to appeal to the base while knowing all along
that a constitutional amendment would go nowhere. If you
doubt this, I refer you to Article V of the Constitution
which says that simply to PROPOSE an amendment requires
2/3 of congress or the state legislatures. But to RATIFY
an amendment requires 3/4 of the same! Bush and you and I
know very well that we have a better chance of walking on
water than to see this come to pass. DOMA will probably
be ruled unconstitutional because it violates the "full
faith and credit" clause of the constitution.


12 posted on 01/16/2005 12:28:41 PM PST by T.L.Sink (stopew)
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To: T.L.Sink
DOMA will probably
be ruled unconstitutional because it violates the "full
faith and credit" clause of the constitution.

I not only agree, but I'll go farther in stating that I am certain that it will be so ruled.

When it is so ruled, and, in all probability, this will not be done this year when Bush's political muscle is greatest, then when will it ever be done?
13 posted on 01/16/2005 12:58:20 PM PST by bill1952 ("All that we do is done with an eye towards something else.")
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To: T.L.Sink
DOMA will probably be ruled unconstitutional because it violates the "full faith and credit" clause of the constitution.

I am very much aware of the difficulties of ammending the US Constitution. You should reread the full faith and credit clause. Congress is authorized to write laws regualting how and what the full faith and credit clause applies to.

14 posted on 01/16/2005 1:14:41 PM PST by Paleo Conservative (Hey! Hey! Ho! Ho! Dan Rather's got to go!)
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To: Paleo Conservative

Yes, but you seem to forget that we are living at a time
when the Judicial branch has preempted the role of the
Legislative branch - we have activist judges who prefer
to be legislators. Unfortunately, the old saying is only
too true -- " it's only law if the court says it is."
If you disagee, please explain to me how the supremes
could uphold laws that impose racial discrimination in
the recent Michigan case, albeit in the name of "affirmative action" ? I could cite 1000 other examples
but you doubtless are too familiar with them already.
Proposition 187 in California was overturned by a few
pointy-headed judges despite its passage by a large
majority -- and so it goes.


15 posted on 01/16/2005 1:35:39 PM PST by T.L.Sink (stopew)
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To: bill1952

I don't know but those pinhead judges (look at the
9th circus court of appeals!) could care less about Bush
and his polls. They're not elected or accountable so they
do what they damn well please.


16 posted on 01/16/2005 1:43:05 PM PST by T.L.Sink (stopew)
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To: Mike Fieschko
< snicker >


"I do believe it's necessary," Bush said Sunday. But he went on to imply that pursuing it in the US Senate, which must approve a constitutional amendment by 67 of its 100 votes, would be futile.




Human Events[HE]:
What is the most significant thing that happened during the impeachment process that the country doesn’t know about but should?

Schippers [S]:
I think the most important factor that the public should know that they don’t know is that, before we ever appeared on the floor of the United States Senate, the House impeachment managers and I were told that there was no way we could win.

HE:
Who told you that?
S:
Six Republican senators. Members of the leadership.

HE:
Members of the Republican leadership came over to you?
S:
No, we were over there. We were discussing the kind of method by which we would try the case, and we, the managers and myself, were told, “Look we’re just trying to keep you from embarrassing yourselves.” I mean, this is after a vote of the House of Representatives impeaching the President.

In that same meeting one of the senators -- and because I do not know which one it was, I will not name any of the senators -- turned to Henry Hyde and he said, “Henry, I don’t care. No way are you going to get 67 votes.” This was before anything had occurred on the floor of the Senate.


Schippers Speaks (but nobody listened)

17 posted on 01/16/2005 6:10:57 PM PST by Askel5 († Cooperatio voluntaria ad suicidium est legi morali contraria. †)
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