Bills
| 3.23.22

Should The Constitution Be Amended To Only Recognize Heterosexual Marriages? (H. Joint Res. 32)

Do you support or oppose this bill?

What is H. Joint Res. 32?

(Updated March 27, 2021)

This resolution would amend the Constitution to define marriage as a union  between a man and a woman. 

Passed in 1996, the Defense of Marriage Act (DOMA) allowed states to not acknowledge same-sex unions officiated in other states that don't limit marriage to heterosexual unions. In 2013's , the Supreme Court ruled that the previous federal ban on same-sex marriage was unconstitutional due to the “Equal Protection Clause” in the Constitution. 

This amendment would nullify the ruling, by mandating that "neither this Constitution, nor the constitution of any State," be required to bestow marriage benefits on any same-sex couple.

Update 6/26/2015:

A case heard by the Supreme Court in April 2015 —  — dealt with whether the Equal Protection Clause requires states to provide marriage licenses to same-sex couples, and whether they must recognize same-sex marriages performed out-of-state. In a 5 to 4 ruling, the Supreme Court effectively legalized same-sex marriage nationwide. The only recourse remaining to those opposing same-sex marriages would be a constitutional amendment such as this or other proposals.

Argument in favor

States need to have the right to decide which marriages they choose to recognize, and consequently, give benefits to.

Argument opposed

It’s the 21st century people; this bill aims to deny the LGBT community their civil rights that have already been granted in many U.S. states.

Impact

Married couples, people who want to get married, the LGBT community, states that recognize same-sex marriages, federal marriage benefits, and the U.S. wedding industry.

Cost of H. Joint Res. 32

A CBO cost estimate is unavailable. However, a CBO cost estimate of a 2004 version of this bill — H.R. 3313 — found that implementation would have no impact on the federal budget.

Additional Info

Of Note: More than ten versions of legislation defining marriage as "between a man and woman" have been proposed to Congress over the years.

Sponsoring Rep. Tim Huelskamp (R-KS) argues in support of his bill that: 

“Given the current legal chaos on marriage, it’s important that we work to enact a definitive marriage policy on a national level. Defining marriage as between one man and one woman will preserve religious freedom, strengthen families, and benefit children.”

Over time, President Obama has "evolved" on the issue of same-sex marriage, and now opposes measures such as this. In October 2014, the president said, “Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all fifty states.”


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(Photo Credit: Flickr user Squidish)