The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“DEFENSE OF MARRIAGE ACT” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S10129 on Sept. 10, 1996.
The publication is reproduced in full below:
DEFENSE OF MARRIAGE ACT
The Senate continued with the consideration of the bill.
The PRESIDING OFFICER. Under the previous order, there will now be 2 minutes of debate, equally divided, prior to the vote on passage of H.R. 3396, the Defense of Marriage Act.
Who yields time?
Mr. KENNEDY. Mr. President, I yield myself 1 minute.
Mr. President, during the debate this morning, we had excellent presentations by the Members who spoke at length about the serious legal and constitutional concerns raised by this bill. The first concern was that for over 200 years the States themselves have had sufficient power in recognizing or not recognizing marriage conditions in other States. They have done that for 200 years, and 15 States now have already indicated they would not recognize same-sex marriages, so they have the authority already after 200 years.
Second, by trying to enhance or diminish the full faith and credit provisions of the Constitution, that is basically unconstitutional. We cannot enhance full faith and credit. We cannot diminish it. It is a constitutional issue, and authority and action by statute cannot affect it. Therefore, I think, there are serious questions about the constitutionality.
Third, Mr. President, this is really, I think, a dangerous precedent. Today it is marriage, tomorrow it may be divorce, the third day it may be custody. Where will it end?
Mr. President, I do not think support of this is wise judgment. The States have the authority to be able to deal with it. It is particularly not necessary at the present time. I hope the legislation will be defeated.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. NICKLES. Mr. President, today the State of Hawaii's court is considering a case that would legalize same-sex marriage. This bill does not ban same-sex marriage, it just says that any State does not have to recognize a marriage performed in a State that does legalize same-sex marriage either through the courts or through legislation. I think this is a positive bill. Senator Byrd spoke eloquently on it.
In addition to that, this bill defines marriage as a legal union between male and female. It is almost absurd or unheard of to think we would have to do that. A lot of people, a lot of gay activists are requiring that we do that.
Mr. President, I urge our colleagues to support this legislation. It is constitutional. We do have opinions from the Attorney General and others in the Justice Department saying that it is constitutional. I urge my colleagues to support this important piece of legislation today.
The PRESIDING OFFICER. The question is on the third reading of the bill.
The bill was ordered to a third reading and was read the third time.
The PRESIDING OFFICER. A rollcall has not been requested.
Mr. KENNEDY. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The bill having been read the third time, the question is, Shall the bill pass?
The yeas and nays have been ordered, and the clerk will call the roll.
The bill clerk called the roll.
Mr. FORD. I announce that the Senator from Arkansas [Mr. Pryor] is necessarily absent.
The PRESIDING OFFICER (Mr. Kempthorne). Are there any other Senators in the Chamber desiring to vote?
The result was announced--yeas 85, nays 14, as follows:
YEAS--85
AbrahamAshcroftBaucusBennettBidenBingamanBondBradleyBreauxBrownBryanBumpersBurnsByrdCampbellChafeeCoatsCochranCohenConradCoverdellCraigD'AmatoDaschleDeWineDoddDomeniciDorganExonFairclothFordFrahmFristGlennGortonGrahamGrammGramsGrassleyGreggHarkinHatchHatfieldHeflinHelmsHollingsHutchisonInhofeJeffordsJohnstonKassebaumKempthorneKohlKylLautenbergLeahyLevinLiebermanLottLugarMackMcCainMcConnellMikulskiMurkowskiMurrayNicklesNunnPresslerReidRockefellerRothSantorumSarbanesShelbySimpsonSmithSnoweSpecterStevensThomasThompsonThurmondWarnerWellstone
NAYS--14
AkakaBoxerFeingoldFeinsteinInouyeKennedyKerreyKerryMoseley-BraunMoynihanPellRobbSimonWyden
NOT VOTING--1
Pryor
The bill (H.R. 3396) was passed.
Mr. NICKLES. Mr. President, I move to reconsider the vote.
Mr. SIMPSON. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
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