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Frist Wants Constitutional Amendment Banning Gay Marriage
Yahoo! ^ | June 29, 2003

Posted on 06/29/2003 5:51:41 PM PDT by mrobison

By WILLIAM C. MANN, Associated Press Writer

WASHINGTON - The Senate majority leader said Sunday he supported a proposed constitutional amendment to ban homosexual marriage in the United States.

 

Sen. Bill Frist (news, bio, voting record), R-Tenn., said the Supreme Court's decision last week on gay sex threatens to make the American home a place where criminality is condoned.

The court on Thursday threw out a Texas law that prohibited acts of sodomy between homosexuals in a private home, saying that such a prohibition violates the defendants' privacy rights under the Constitution. The ruling invalidated the Texas law and similar statutes in 12 other states.

"I have this fear that this zone of privacy that we all want protected in our own homes is gradually — or I'm concerned about the potential for it gradually being encroached upon, where criminal activity within the home would in some way be condoned," Frist told ABC's "This Week."

"And I'm thinking of — whether it's prostitution or illegal commercial drug activity in the home — ... to have the courts come in, in this zone of privacy, and begin to define it gives me some concern."

Asked whether he supported an amendment that would ban any marriage in the United States except a union of a man and a woman, Frist said: "I absolutely do, of course I do.

"I very much feel that marriage is a sacrament, and that sacrament should extend and can extend to that legal entity of a union between — what is traditionally in our Western values has been defined — as between a man and a woman. So I would support the amendment."

Same-sex marriages are legal in Belgium and the Netherlands. Canada's Liberal government announced two weeks ago that it would enact similar legislation soon.

Rep. Marilyn Musgrave, R-Colo., was the main sponsor of the proposal offered May 21 to amend the Constitution. It was referred to the House Judiciary subcommittee on the Constitution on Wednesday, the day before the high court ruled.

As drafted, the proposal says:

"Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution nor the constitution of any state under state or federal law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."

To be added to the Constitution, the proposal must be approved by two-thirds of the House and the Senate and ratified by three-fourths of the states.

Frist said Sunday he respects the Supreme Court decision but feels the justices overstepped their bounds.

"Generally, I think matters such as sodomy should be addressed by the state legislatures," Frist said. "That's where those decisions — with the local norms, the local mores — are being able to have their input in reflected.

"And that's where it should be decided, and not in the courts."


TOPICS: Breaking News; Culture/Society
KEYWORDS: activistcourt; activistsupremecourt; downourthroats; eubanks; homosexualagenda; lawrencevtexas; marriagelaws; roberteubanks; samesexdisorder; samesexmarriage; tennessee; texas
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To: AFPhys
Tax incentives wouldn't help the situation. More people might get married, but it wouldn't hold the marriage together. Instead of getting divorced, they'd just stay separated.
321 posted on 06/29/2003 10:59:31 PM PDT by Sofa King (-I am Sofa King- tired of liberal BS!)
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To: chance33_98
Government recogizes marriage as a different type of union between two people, one in which the goal is to pro-create and continue to populate the land. There is nothing wrong with sanctioning such a set-up as something different and affording them tax breaks, et al. ... [this will] not mean we are keeping others from being together, it is simply a legalistic was to say we think [marriage] is a worthwhile endeavor for the betterment of society.

Well said.

322 posted on 06/29/2003 11:03:07 PM PDT by AFPhys (((PRAYING for: President Bush & advisors, troops & families, Americans)))
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Given the fact that whoever wins the election in 2004 will probably appoint between 1/3 and 1/2 of the USSC, I hope that this issue is considered very carefully. Right now, things look very good for the party. A wild card is not necessarily a good thing.

I am open to persuasion, but here is what gives me pause. If those in favor of sodomy laws were as politically potent as has been repeatedly proclaimed in this thread, why are such laws only found in a handful of states, and virtually never enforced? The proof of the pudding is in the eating, and this one doesn't taste very good at first nibble.
323 posted on 06/29/2003 11:04:08 PM PDT by Da Mav
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To: NittanyLion
YOU may not be able to get worked up either way about this issue, but there are HUGE segments of this country who can, many of which, traditionally, vote for the demodogs. The Catholics and blacks come to mind here, and the Hispanic population is also very pro-marriage morality.
324 posted on 06/29/2003 11:07:35 PM PDT by AFPhys (((PRAYING for: President Bush & advisors, troops & families, Americans)))
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Comment #325 Removed by Moderator

To: Mo1
it really is election season.
326 posted on 06/29/2003 11:24:52 PM PDT by bonesmccoy (Defeat the terrorists... Vaccinate!)
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To: Dave S
In many states, approval of a US Constitutional Amendment is done by a simple majority of the state's legislatures or by a popular vote. Neither of these are a supermajority issue.
327 posted on 06/29/2003 11:30:11 PM PDT by AFPhys (((PRAYING for: President Bush & advisors, troops & families, Americans)))
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Comment #328 Removed by Moderator

To: Luis Gonzalez
Do we today live in the same society that the Founders did, under the same morakl standards?

Some of their standards were a lot more humane than ours.

They would be scandilized at our society in general, not just the gay thing.

And much of what they would consider scandalous is degraded and miserable.

Society moves forward, and there's plenty of proof of that available.

Just because it changes doesn't mean it's moving forward. Things change for the worse too, and that is what has happened for some generations. Time to change for the better before it's any later.

Where's slavery?

In the Sudan.

Where's Jim Crow?

Gone in the US.

Where are the hippies?

On the Big Island in Hawaii.

Everything changes.

People make things change, or stop them from changing. It's not an impersonal force than one must submit to.

329 posted on 06/29/2003 11:39:12 PM PDT by First Amendment
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Comment #330 Removed by Moderator

To: AFPhys
To borrow from SCOTUS, I concur in part and dissent in part with what you wrote. ;)

Yes, a Constitutional amendment is needed here, but no, SCOTUS did not overstep their mandate. Their mandate is to judge the constitutionality of laws based upon the text of the Constitution. I've seen many great arguments on FR in the last couple of days saying why homosexuality is wrong. However, none of these great arguments are ones that SCOTUS can apply. As I said, their rulings must spring from the text of the Constitution. None of the arguments presented against legalizing gay sex are based on the Constitution. In order for SCOTUS to rule in any other way, the Constitutional text must say that gay sex is not protected or that no right to privacy exists.

Some people here have opined that all we need are "a few, good, conservative justices to vote the right way". Be careful what you wish for; you might get it. Alan Dershowitz gave his fellow gun-hating, liberal friends the same warning about the 2nd Amendment...

"Foolish liberals... are trying to read the Second Amendment out of the Constitution by claiming it's not an individual right or that it's too much of a safety hazard. They don't see the danger in the big picture. They're courting disaster by encouraging others to use the same means to eliminate portions of the Constitution they don't like."

"The Conceptual Foundations of Anglo-American Jurisprudence in Religion and Reason," 62 TENN. L. REV. 759, 789 (1995).

Conservatives ought to show equal concern at conservative justices playing fast and loose with the Constitution. What we allow today, liberals will allow in the future. And as surely as night follows day, there will come again a Court with a liberal majority. We should be careful what rules we establish for their behavior.
331 posted on 06/29/2003 11:53:57 PM PDT by Redcloak (All work and no FReep makes Jack a dull boy. All work and no FReep make s Jack a dul boy. Allwork an)
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To: Luis Gonzalez
Now that is cute: comparing marriage with slavery. In fact, marriage law as developed by the church and taken over by the state, serves to prevent women from being mere chattels, as they are under, say, Muslim law.
332 posted on 06/30/2003 12:05:30 AM PDT by RobbyS
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To: Republican Wildcat
alienate 90% of the base and that'll gain you a larger share of the electorate.

The RR is not 90% of the base. Where do you guys get these stats from?

333 posted on 06/30/2003 12:09:50 AM PDT by DAnconia55 (You are captive voters.)
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To: jwalsh07
LOL. You may as well jump ship now because you're boat has a gignatic leak called "fundamental right". Of course Kennedy waxed poetically about "liberty of the person both in its spatial and more transcendent dimensions." But what he meant but didn't have the balls to say was that homosexuality is a fundamental right and due all the government and private largesse that they can suck out of those entities.

I can't deny that the majority of the newly 'freed' gays will be pushing for marriage and benefits.

I'd prefer that they just call their ... arrangements... something else. Not marriage.
By the same token, do you REALLY want the Federal Government to start defining and regulating marriage?
I think the idea we have to get a LICENSE to marry is absurd to begin with. License implies PERMISSION.

And I'm certainly against forcing businesses to recognize their 'arrangements' as requiring benefits.

Perhaps what really should be done is to pass a few affirmative laws. Clearly supporting the right of business to assign benefits to whom they choose.

334 posted on 06/30/2003 12:13:09 AM PDT by DAnconia55 (Fundies are captive voters.)
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To: pram
So is this sodomy decision for the greatest good? (

Spoken like a true collectivist.

335 posted on 06/30/2003 12:18:16 AM PDT by DAnconia55 (Fundies are captive voters.)
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To: Luis Gonzalez
I think that we need to step back and tone the hysteria down. I don't for one minute believe that because the two guys down the street who have been living together for ten years as an apenly gay couple, have a piece of paper from the Clerk of the Circuit Court stating that they are married, the rest of us will stop getting married, raising families, and living a Christian life.

Yeah, I don't get it either.
Like the law was the only thing stopping these people from running out and buggering gay men.

We agree that it would be 'ideal' if they'd simply choose to call their arrangements "Domestic union" or something else.

Not likely, I'm afraid. And you ain't seen screaming here yet....

336 posted on 06/30/2003 12:21:40 AM PDT by DAnconia55 (Fundies are captive voters.)
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To: DAnconia55
The g"reatest good" phrase was a quote from tpaine, your soul brother.

And PS about the sodomy figures - were the studies taken from STD clinics?

Also, a lot of them sounded as though if somebody performed anal sex once (while drunk and young?) it was counted. Furthermore, if those stats are true (which is very debatable) it means that there are a lot of degraded heterosexuals.
337 posted on 06/30/2003 12:23:49 AM PDT by First Amendment
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To: AFPhys
There is no way that social issues are hurting the GOP

Delusional. It's the main issue that drives the Demonkratik party. Notice they don't fight too much on economic grounds? Most of their fight is scaring people about what the evil Republicans will do to them.

The libertarians may just as well vote Green - mainstream GOPers such as me could not care less. Bringing this issue into sharp focus will help, not hurt, the GOP.

It's not about the LP. It's about pulling mass numbers of swing voters permanently away from the Demons.

There are far more Demodogs (like my sister) who care deeply about social issues and nevertheless vote for the antisocial Dems than there are libertarians such as yourself.

Thanks for making my point directly for me. If the GOP didn't oppose social freedom, then your sister would HAVE NO REASON to vote AGAINST Them.

Is she a socialist? Does she like high taxes?
I bet not.

338 posted on 06/30/2003 12:24:12 AM PDT by DAnconia55 (Fundies are captive voters.)
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To: pram
Furthermore, if those stats are true (which is very debatable) it means that there are a lot of degraded heterosexuals.

FYI Sodomy is oral or anal sex.

And the stats are probably off in my favor. I can't imagine every woman who has had anal sex would admit it.

339 posted on 06/30/2003 12:26:23 AM PDT by DAnconia55 (Fundies are captive voters.)
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To: Redcloak
Of course what is needed is more than a few conservative judges. They are necessary but not sufficient. What is required is an administration that is willing to go against elite opinion in the United States. Like it or not, this is the way that the game is now played. Why do you think that liberals were so furious about the 2000 election. SCOTUS--the monster they have created--turned against them. Why does the Senate NOT ram through Bush's conservative nominees? Because elite opinion in the United States, which you see reflected in the opinions of the Court, is overwhelmingly liberal. O'Conner and Kennedy are the typical faces of too much of the Republican Party. I am not talking about the voters and small contributors, but a majority of the fat cats. Lawrence Tribe has pointed out the real divide in the abortion battle. It is between classes.
340 posted on 06/30/2003 12:28:51 AM PDT by RobbyS
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