Gay marriage ban defeated in Senate vote

updated 3:23 p.m. ET June 7, 2006

WASHINGTON - The Senate on Wednesday rejected a constitutional amendment to ban gay marriage, dealing a defeat to President Bush and Republicans who hope to use the measure to energize conservative voters on Election Day.

Supporters knew they wouldn’t achieve the two-thirds vote needed to approve a constitutional amendment, but they had predicted a majority of votes. Instead, they fell one short, 49-48.

That was one vote more than they got last time the Senate voted on the matter, in 2004. Later that year, Republicans gained four seats in the Senate.

“We were hoping to get over 50 percent, but that didn’t happen today,” said Sen. David Vitter, R-La., one of the amendment’s supporters. “Eventually, Congress is going to have to catch up to the wisdom of the American people or the American people will change Congress for the better.”

“We’re not going to stop until marriage between a man and a woman is protected,” said Sen. Sam Brownback, R-Kan.

Wednesday’s vote fell 11 short of the 60 required to send the matter for an up-or-down tally in the Senate. The 2004 vote was 48-50.

Bush: ‘The people must be heard’
Bush said he was disappointed by the vote, but it often takes time to amend the Constitution.

“Our nation’s founders set a high bar for amending our Constitution and history has shown us that it can take several tries before an amendment builds the two-thirds support it needs in both houses of Congress,” the president said in a statement.

“My position on this issue is clear; marriage is the most fundamental institution of our society, and it should not be redefined by activist judges. The people must be heard on this issue,” the statement continued.

Supporters lost three key “yes” votes. Two Republicans changed their votes from yes in 2004 to no this time: Sens. Judd Gregg of New Hampshire and Arlen Specter of Pennsylvania. And Sen. Chuck Hagel, R-Neb., did not vote this time because he was traveling with Bush.

7 Republicans vote against
All told, seven Republicans voted to kill the amendment. The four others were Sens. Lincoln Chafee of Rhode Island, Susan Collins of Maine, John McCain of Arizona, Olympia Snowe of Maine and John Sununu of New Hampshire.

Gregg said that in 2004, he believed the Massachusetts Supreme Court decision legalizing same-sex marriage in that state would undermine the prerogatives of other states, like his, to prohibit such unions.

“Fortunately, such legal pandemonium has not ensued,” Gregg said in a statement. “The past two years have shown that federalism, not more federal laws, is a viable and preferable approach.”

A majority of Americans define marriage as a union of a man and a woman, as the proposed amendment does, according to a poll out this week by ABC News. But an equal majority opposes amending the Constitution on this issue, the poll found.

“Most Americans are not yet convinced that their elected representatives or the judiciary are likely to expand decisively the definition of marriage to include same-sex couples,” said Sen. John McCain, R-Ariz., a possible presidential candidate in 2008. He told the Senate on Tuesday he does not support the amendment.

MORE FROM POLITICS

Politics Section Front

Weary Palin seeks to regain control   Obama backs Medvedev's judicial reforms One trip, three different agendas for Obama Palin cites ‘higher calling’ in quitting Fineman: Palin prepping for 2012 run? Palin's e-mails still elusive Obama, McCain give dueling 4th addresses Thunderous applause greets Bush on July 4 Serious note in holiday night at White House Michelle Obama bringing glamour to Moscow Politics Section Front   Add Politics headlines to your news reader: