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Secretary Cheney replied, in part, "and I think that means that people should be free to enter into any kind of relationship they want to enter into...the next step, then, of course, is the question you ask of whether or not there ought to be some kind of official sanction, if you will, of the relationship, or if those relationships should be treated the same way a conventional marriage is. That's a tougher problem...I think the fact of the matter, of course, is that matter is regulated by the states. I think different states are likely to come to different conclusions, and that's appropriate. I don't think there should necessarily be a federal policy in this area." "I was pleased when Secretary Cheney made those comments during the campaign," Frank said, "and I said so at the time. Unfortunately, as I also noted at the time, the law misnamed the 'Defense of Marriage Act,' which Congress adopted in 1996 and President Clinton signed into law, contradicts Vice President Cheney's position on this issue. "Section 3 of that Act is directly contrary to Vice President Cheney's position that this matter should be regulated by the states, and establishes a national definition of marriage, stating that 'in determining the meaning of any act of Congress, or of any ruling, regulation or interpretation of the various administrative bureaus and agencies of the United States, the word marriage means only a legal union between one man and one woman...'," Frank continued. "I welcome Vice President Cheney's recognition that the 'appropriate' policy is for the states to decide for themselves whether or not to give official sanction to same-sex unions. But under DOMA an ability of the state to do that would be frustrated by the federal government's refusal to recognize the union. If Vice President Cheney is correct, as I believe he is, that this matter should be regulated by the states, then it is entirely inconsistent with the spirit of federalism for the national government to refuse to recognize state decisions in this area.
"I will be looking for other areas of agreement between myself and high ranking members of the Bush administration on which we can work together," Frank concluded. Attachment Election 2000 Vice Presidential Debate with Democratic Candidate Senator Joe Lieberman and Republican Candidate Dick Cheney Location: Centre College, Danville, Kentucky Moderator: Bernard Shaw, CNN Anchor Time: 9:00 P.M. EDT Date: Thursday, October 5, 2000 Mr. Shaw: [S]exual orientation. Should a male who loves a male and a female who loves a female have all -- all! the constitutional rights enjoyed by every American citizen? MR. Shaw: Mr. Secretary?
The next step, then, of course, is the question you ask of whether or not there ought to be some kind of official sanction, if you will, of the relationship, or if these relationships should be treated the same way a conventional marriage is. That's a tougher problem. That's not a slam dunk. I think the fact of the matter, of course, is that matter is regulated by the states. I think different states are likely to come to different conclusions, and that's appropriate. I don't think there should necessarily be a federal policy in this area. I try to be open-minded about it as much as I can, and tolerant of those relationships. And like Joe [Lieberman], I also wrestle with the extent to which there ought to be legal sanction of those relationships. I think we ought to do everything we can to tolerate and accommodate whatever kind of relationships people want to enter into. Text of Proposed Legislation: 107TH CONGRESS H. R.__________ _________ IN THE HOUSE OF REPRESENTATIVES Mr. FRANK introduced the following bill; which was referred to the Committee on____________________________ ______________________________ A BILL To amend title 1, United States Code, to eliminate any Federal policy on the definition of marriage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled Section 1. Short Title This Act may be cited as the ''State Regulation of Marriage Is Appropriate Act''. Section. 2. Elimination of Federal Policy on the Defense of Marriage. (a) IN GENERAL.-Title 1, United States Code, is amended by striking section 7. (b) CLERICAL AMENDMENT.-The table of sections at the beginning of chapter 1 of such title is amended by striking the item relating to section 7. Text of Defense of Marriage Act: An Act To define and protect the institution of marriage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Section 1.Short Title This Act may be cited as the `Defense of Marriage Act'. Section. 2. Powers Reserved to the States (a) In General- Chapter 115 of title 28, United States Code, is amended by adding after section 1738B the following: `Sec. 1738C. Certain acts, records, and proceedings and the effect thereof `No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.'. (b) Clerical Amendment- The table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by inserting after the item relating to section 1738B the following new item: `1738C. Certain acts, records, and proceedings and the effect thereof.'. Section. 3.Defintion of Marriage. (a) In General- Chapter 1 of title 1, United States Code, is amended by adding at the end the following: `Sec. 7. Definition of `marriage' and `spouse' `In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means only a legal union between one man and one woman as husband and wife, and the word `spouse' refers only to a person of the opposite sex who is a husband or a wife.'. (b) Clerical Amendment- The table of sections at the beginning of chapter 1 of title1, United States Code, is amended by inserting after the item relating to section 6 the following new item: `7. Definition of `marriage' and `spouse'.'. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. Letter To Vice President Cheney January 23, 2001 The Honorable Richard Cheney The White House Washington, D.C. 20500 Dear Mr. Vice President: I was pleased during the Vice Presidential debate to hear your thoughtful response on the question of same-sex relationships and specifically your view that the states ought to be allowed to decide whether relationships between same-sex partners are recognized. Unfortunately, during the time that you were not serving in government, the Defense of Marriage Act (DOMA) became law, and section 3 of this law essentially contradicts your viewpoint. When Congress debated DOMA in 1996, I tried to strike that section of the bill. I was defeated, but now with your support for recognizing the primacy of the states in regulating these matters, I hope to be able to accomplish that goal. Barney Frank |
Then candidate Dick Cheney said people should have the "freedom" to be in any kind of relationship they want 