House Proceeding 07-18-06 on Jul 18th, 2006 :: 3:24:22 to 3:31:49
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Previous speech:

3:23:45 to 3:27:33( Edit History Discussion )
Speech By: Jerrold Nadler

3:24:07 to 3:24:23( Edit History Discussion )

Jerrold Nadler: other threats are threats, but gay marriage is not a threat to a straight marriage. we are told we have to protect children, but children are already in the custody of straight people, of

3:24:23 to 3:24:36( Edit History Discussion )

Jerrold Nadler: gay people, of gay couples, of individuals. if we want to protect children, we should give a legal basis to the partnership of the two people who have custody of them . now, we're not saying

3:24:36 to 3:24:48( Edit History Discussion )

Jerrold Nadler: that it might not be a preferable -- to have a traditional custody arrangement, maybe it is, but this doesn't affect that in any way. nor do we say because we want to protect children that we

3:24:48 to 3:25:00( Edit History Discussion )

Jerrold Nadler: prohibit elderly couples from getting married or sterile couples from getting married because procreation is the purpose of marriage. so this is a red herring. we are told -- we heard a whole religious

3:25:00 to 3:25:12( Edit History Discussion )

Jerrold Nadler: discussion. the fact that churches can define marriage from -- the fact is churps can define -- churches can define marriage from their point of view any way they want. we're not telling

3:25:12 to 3:25:23( Edit History Discussion )

Jerrold Nadler: a church how to deliver a sacrament. we're talking about civil marriage. churches can do what they want and regard as married whom they want, but we're talking about what the government recognizes.

3:25:23 to 3:25:34( Edit History Discussion )

Jerrold Nadler: we're also told that this is to protect marriage but the amendment talks about not only marriage but the incidence thereof, so it would clearly prohibit specific rights that a state may choose

3:25:34 to 3:25:47( Edit History Discussion )

Jerrold Nadler: to give to a gay couple, a right of inheritance, a right of visitation when one is sick in the hospital. and why should we tell the states they cannot do that at their wisdom? we are

3:25:47 to 3:25:58( Edit History Discussion )

Jerrold Nadler: told always -- by the other side of the aisle, that we should protect the rights of states. but as i said a few moments ago, family law, marriage law, divorce law, visitation law, child

3:25:58 to 3:26:07( Edit History Discussion )

Jerrold Nadler: custody law has always been a matter for the states. why are we preempting all state laws? we are told we are preempting unelected judges, but this amendment is an amendment to the constitution

3:26:07 to 3:26:22( Edit History Discussion )

Jerrold Nadler: of the united states that would preempt not just judges elected or appointed, it would preempt the state legislative action, it would preempt action by the people in a referendum. that's

3:26:22 to 3:26:31( Edit History Discussion )

Jerrold Nadler: not democratic with a small d. this, mr. speaker, is a political stunt. it's a political stunt at the expense of a minority of an unpopular -- of an unpopular minority. that's all it is. we

3:26:31 to 3:26:45( Edit History Discussion )

Jerrold Nadler: know it's not going to pass and the senate already rejected it. so this is just a political stunt. i appeal to my colleagues, vote no on this amendment. leave family law where it always has been

3:26:45 to 3:26:56( Edit History Discussion )

Jerrold Nadler: with the states, and don't desecrate our constitution. don't desecrate our most sacred document in our civil religion by inserting into it an amendment to deny a basic right to an unpopular group

3:26:56 to 3:27:06( Edit History Discussion )

Jerrold Nadler: just because we want to make a political point at the expense of that unpopular group in an election year. and make no mistake, that is what this amendment is. that is all it is. it does not

3:27:06 to 3:27:17( Edit History Discussion )

Jerrold Nadler: protect marriage. it does not protect children. it just makes a political point at the expense of an unpopular group, and we should not desecrate our constitution by so doing. i thank you.

3:27:17 to 3:27:33( Edit History Discussion )

Jerrold Nadler: and i yield back the balance of my time. the speaker pro tempore: the gentleman from georgia. mr. kingston: mr. speaker, i rise to close. and i just want to split the time between mr. murphy

3:27:33 to 3:27:43( Edit History Discussion )

Jack Kingston: and mrs. musgrave. and mr. murphy, one minute, dr. murphy, excuse me. the speaker pro tempore: the gentleman from pennsylvania has one minute. mr. murphy: i thank the speaker and the members on

3:27:43 to 3:27:54( Edit History Discussion )

Jack Kingston: this as i speak in favor of this amendment. as a person who has spent my career as a child psychologist and have dealt with many children who have struggled with many problems in families,

3:27:54 to 3:28:06( Edit History Discussion )

Tim Murphy: i have seen families ripped apart by so many things that sometimes law has tried to deal with. instead, i think over the years, we have cut the strength of marriage and relationships by the

3:27:54 to 3:29:00( Edit History Discussion )
Speech By: Tim Murphy

3:28:06 to 3:28:15( Edit History Discussion )

Tim Murphy: law and weaken the institution. we've tried to deal with relationships with no-fault divorce, with child custody, with so many other avenues, and it has not helped. what i do want to say is yes,

3:28:15 to 3:28:27( Edit History Discussion )

Tim Murphy: children may be resilient and they have been able to deal with all sorts of difficulties that they have faced, but the bottom line is this, i believe very strongly that children need a mother

3:28:27 to 3:28:40( Edit History Discussion )

Tim Murphy: and a father in the home, they need strong relationships with men and women both, and it is part of what is preserved in this amendment and it is why i believe we need to support this, if

3:28:40 to 3:28:50( Edit History Discussion )

Tim Murphy: anything, for the sake of those children who need this kind of support in their lifetime. and i yield back. the speaker pro tempore: the gentlelady is recognized for 1 1/2 minutes. mrs.

3:28:50 to 3:29:00( Edit History Discussion )

Tim Murphy: musgrave: thank you, mr. speaker. i just want to say, mr. nadler, your statements about hospital visits and those things were -- that was a misstatement. that's not what this amendment does.

3:29:00 to 3:29:10( Edit History Discussion )

Marilyn N. Musgrave: mr. nadler: you know, what does the incidence thereof mean? miss musgrave: i'm not going to yield the time. there are state sthrures that have the authority to handle all of the benefits that you

3:29:10 to 3:29:23( Edit History Discussion )

Marilyn N. Musgrave: have talked about and that's what the amendment clearly states. i'd just like to say we can look at places like the netherlands where since 1997 they've had registered partnerships and gay

3:29:23 to 3:29:38( Edit History Discussion )

Marilyn N. Musgrave: marriage since 2001, and in effect, that's probably the best place to look to see what gay marriage has done. the out-of-wedlock births have escalated, the divorce rate is escalating. in fact,

3:29:38 to 3:29:49( Edit History Discussion )

Marilyn N. Musgrave: in people in scandinavia don't think that marriage is even relevant anymore. and i would say today that if marriage can mean anything, eventually marriage will mean nothing. within the institution of

3:29:49 to 3:30:03( Edit History Discussion )

marriage society offers special support and encouragement to the men and women who together make children. because marriage is deeply implicated in the interest of children, it is obviously

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a matter of public concern. children depend on society to create institutions to keep them from chaos. that is why we have the obligation to give special support and encouragement to an institution

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that is necessary to the well-being of children. i urge my colleagues to support public policy that strengthens marriage and vote in favor of this amendment. thank you, mr. speaker. i yield back.

3:30:26 to 3:30:37( Edit History Discussion )

the speaker pro tempore: the gentlelady yields back. all time for debate having expired, pursuant to house resolution 918, the joint resolution is considered as read and the previous question

3:30:37 to 3:30:47( Edit History Discussion )

is ordered. the question is on engrossment and third reading of the bill -- of the joint resolution. so many as are in favor say aye. those opposed, no. the ayes have it. third reading. the

3:30:47 to 3:31:09( Edit History Discussion )

clerk: joint resolution proposing an amendment to the constitution of the united states relating to marriage. the speaker pro tempore: the question is on passage of the joint resolution. so many

3:31:09 to 3:31:16( Edit History Discussion )

as are in favor say aye. those opposed, no. in the opinion of the chair, the ayes have it. the gentleman from georgia. mr. kingston: on that i ask for a recorded vote. the speaker pro tempore: does

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the gentleman ask for the yeas and nays. those favoring a vote by the yeas and nays will rise. a sufficient number having arisen, the yeas and nays are ordered. members will record their votes