Terry Everett, August 9, 2004

One of the most emotional debates over the moral character of our society continues to play out in Congress as the public demands that the time-honored institution of marriage be protected. In July, the U.S. House passed legislation upholding an eight-year-old law protecting marriage, but the battle is far from over.

In recent years, an increasing number of state and local jurisdictions have taken steps allowing same sex marriage, with the most notable case being the Massachusetts Supreme Court ruling in favor of such unions in 2003. These actions have generated a huge outcry from the public - the largest my office has seen in recent memory - calling on Congress to intervene to protect traditional marriage between a man and a woman.

The issue of legal recognition of same-sex marriage is not a new one. Congress grappled with it in 1996 when the Defense of Marriage Act was passed into law and signed by President Clinton. The Defense of Marriage Act defines marriage as a legal union between one man and one woman and that no state is forced to recognize a same-sex marriage entered into in another state.

Furthermore, under the Defense of Marriage Act, even if a state were to recognize gay marriages, such partners would not be eligible for survivor benefits under Federal veterans or Social Security programs, or to file joint tax returns.

In July, a lesbian couple married in Massachusetts filed suit in Federal court to overturn the Defense of Marriage Act so that Florida would recognize their marriage. In short, the gay couple is seeking to nullify the Federal recognition of marriage between a man and a woman; an action which I strongly oppose.

On July 22, the U.S. House approved the Marriage Protection Act (HR 3313) by a 233 to 194 margin. This legislation would, in effect, bar Federal courts from hearing cases seeking to overturn the Defense of Marriage Act. It would prevent unelected, lifetime-appointed, activist Federal judges from attempting to make public policy from the bench, thereby overturning the will of the people. The result of the Defense of Marriage Act would be to leave the matter of same-sex marriages to the states and ensure that no state shall be required to accept a same-sex marriage license granted in another state.

In addition to supporting the House-approved Marriage Protection Act, I am a cosponsor of H.J. Res. 56, known as the Federal Marriage Amendment. This Constitutional amendment declares that marriage in the United States shall consist only of a union of a man and a woman. Such an amendment, which would provide final protection to the institution of marriage, also has the support of President Bush who has called on Congress to pass it and send it to the states for ratification. To date, 38 states, including Alabama, have approved defense of marriage laws, demonstrating a consensus for protecting marriage.

The public has made clear its position on safeguarding marriage, and I am equally committed to ensuring that Congress do all it can to protect marriage between a man and a woman.

Congressman Terry Everett, a Republican, represents Alabama's Second Congressional District, which includes the state capitol, Montgomery.