Congresswoman Michele Bachmann opposes gay marriage, and was opposed to the removal of the "Don't Ask, Don't Tell" provision. She has consistently stated that each state has the right to determine their own laws as established in the tenth amendment. She has also stated that if elected President, she would not act to overturn any state law legalizing gay marriage. However, Congresswoman Bachmann's personal view is that marriage is between one man and one woman, and she would like to see each state enact a provision defining it. She has stated that each state should hold a vote and let the people decide the issue and not simply enact the legislation.
Congresswoman Bachmann also acknowledges that varying state laws will inevitably cause legal issues, and she supports the Defense of Marriage Act (DOMA) to ensure that states defining marriage as between a man and a woman do not have to recognize marriages in other states to same-sex couples. Congresswoman Bachmann has also expressed support for a Constitutional Amendment to define marriage as between one man and one woman.
In 2010, Congresswoman Bachmann voiced opposition to a ruling stating that a California voter initiative to define marriage as between one man and one woman was unconstitutional. She asked if Proposition 8 doesn’t survive the rational basis test, then is the judge implying that the majority of California voters, those who voted for the measure, aren’t rational?
At a faith and freedom event in 2011, Congresswoman Bachmann supported the recent passage in Minnesota of a law to define marriage as between one man and one woman. She also noted that she attempted to pass such legislation when she was a state senator.
During the New Hampshire Presidential Debate in June of 2011, Congresswoman Bachmann stated that each state should be allowed to make it's own rules, but that she was personally opposed to gay marriage. She stated that as President, she would not interfere with the laws of states. She also stated that she would support a constitutional amendment to define marriage.
In interviews on television and for the Christian Broadcasting Network, Congresswoman Bachmann continued to express the viewpoint that she was opposed to gay marriage, but that she believed that states have the right to enact whatever laws they see fit. She called for vote in each state on the issue and not simply an enactment by judges or legislature.
Opposition to Prop 8 Ruling
In August of 2010, Congresswoman Bachmann released a press statement noting her opposition to a Judge's ruling that overturned a California voter initiative to define marriage as between one man and one woman.
Bachmann Voices Disapproval of Judge Walker's Prop 8 Ruling
Washington, Aug 10, 2010 -
(Washington D.C.) Today, U.S. Representative Michele Bachmann (MN-6) joined her colleagues at a press conference in Washington, D.C. to announce a resolution disapproving of California Federal District Judge Vaughn Walker's ruling to overturn the decision of a majority of California voters to define marriage as the legal union between a man and a woman.
“Judge Walker claimed ‘there was not a rational basis’ for excluding gays from marriage,” stated Bachmann. “But if Proposition 8 doesn’t survive the rational basis test, then is Walker implying that the majority of California voters, those who voted for the measure, aren’t rational?
“Since 1998, thirty states have added language to their constitutions, defining marriage as between a man and a woman. Does Walker believe the voters in these states aren’t rational either?
“The Constitution is the highest rule of law and must be adhered to in every instance. The founders did not envision a Constitutional Convention every time a judge rules from the bench.”
The resolution, sponsored by Representative Lamar Smith (R-TX), Ranking Member on the House Judiciary Committee, is currently being circulated among Members of the U.S. House of Representatives.
Faith and Freedom Conference
In June of 2011, Congresswoman Bachmann spoke at the Second Annual Faith and Freedom Conference. She speaks about her support for Minnesota's passage of legislation to define marriage as between one man and one woman. She notes that while she was a State Senator in Minnesota, she tried to pass legislation to define marriage.
Carol had mentioned to you that when I was at the Minnesota State Senate that we had started a project, not because we wanted to, but because we were acting in response to an action by the Massachusetts judicial supreme court.
Does anyone remember the decision in 2003 that the court issued? They issued a decision that told the state legislature that the legislation had to pass a law in conformity with the will of the justices. Does everyone remember what that decision was about? Do you remember? It was about marriage, it was about redefining marriage.
I had heard that in Minnesota and knew that that decision was coming our way as well. So I announced that I was going to introduce a constitutional amendment that would allow the people of Minnesota to vote on the laws that they live under. Particularly, the definition of marriage. Whether marriage would be between one man and one woman. That's a good concept.
As you can imagine, this was the height of the controversy and I was at the tip of the spear in that effort. The reason why I bring this up is because I say to you ... persevere. Persevere and never despise small beginnings, because we were just a few people that got together and tried to make this happen.
This bill that we began with, we were not able to get it out of the liberal dominated Senate that I was in ... We tried, we tried again ... We weren't able to succeed. But we didn't give up, because we knew that the people of Minnesota ultimately wanted to be able to vote on this bill. Thirty different states have put this bill up. Every time states have put this bill before the American people, they have voted in their states to retain the traditional definition of marriage as between one man and one woman. And though I am no longer in the state senate, I am privileged to serve the people of Minnesota's 6th district in the House of Representatives. Others took that torch and carried on.
Just a week ago last Saturday evening, Minnesota finally passed the Constitutional amendment defining marriage as one man and one woman. So Minnesota is the first state to decide that this issue will be on the ballot in 2012. The state of New Hampshire, I understand, will be taking up this issue as well.
This is the time. And so I want to encourage all of you at home, if you don't have a similar amendment to consider this in your home state. I believe that this is the time to do it.
New Hampshire Debate
In June of 2011, Congresswoman Bachmann participated in the New Hampshire Republican debate. When asked about what influence she would use as President to change state laws on marriage, she stated that it was not the role of the President to interfere with state laws.
Question: I know that you are opposed to same-sex marriage. As President, what influence would you use from the White House to try and overturn these state laws despite your own personal belief that states should handle their own personal affairs whenever possible.
Congresswoman Bachmann: Well, I do believe in the tenth amendment, and I do believe self determination for the states. I also believe that marriage is between a man and a woman. I carried that legislation when I was a Senator in Minnesota. I believe that for children ... the best possible way to raise children is to have a mother and father in their life.
Now, I didn't come form a perfect background, my parents were divorced and I was raised by a single mother. There's a lot of single families and families with difficult situations. That's why my husband and I have broken hearts for at-risk kids, and it's why we took 23 foster children into our home.
Question: What would you do on a repeal law. Would you come into the state of New Hampshire for instance, and campaign on behalf of a repeal law.
Congresswoman Bachmann: I am running for the Presidency of the United States, and I don't see that it's the role of a President to go into states and interfere with their state laws.
...
Question: If you were President of the United States, now that gays are allowed to serve openly in the military, would you leave that policy in place or would you try to change it. Back to don't ask, don't tell or something else.
Congresswoman Bachmann: I would keep the don't ask, don't tell policy.
Fox News Appearance
In June of 2011, Congresswoman Bachmann appeared on Fox News and discussed the recent passage of same-sex marriage laws in New York. She notes that each state has the right to determine it's own laws, and that she believes that such a measure should be voted on by the people.
Congresswoman Bachmann: In New York State, they have passed the law at the state legislative level , and under the tenth amendment the states have the right to set the laws that they want to set.
Interviewer: So even though you oppose it, it's OK then from your point of view for New York to say that same sex marriage is legal.
Congresswoman Bachmann: That is up to the people of New York. I think that it is best to allow the people to decide on this issue. I think that it is best if there is an amendment that goes on the ballot so that people can weigh in. Every time that this issue has gone on the ballot, the people have voted to retain the traditional definition of marriage. As recently as California in 2008.
Interviewer: But you would agree that if it is passed by the state legislature and signed by the government then it's ....
Congresswoman Bachmann: It's state law, and the tenth amendment reserves to the states that right.
CBN Interview
In June of 2011, Congresswoman Bachmann was interviewed by the Christian Broadcasting Network. She was asked again about the New York law and her views on state's rights. She notes the constitutional problems when legally married same-sex couples move to a state with no such law. She states that she supports DOMA in this regard.
Question: You're saying "Look, if a state passes a law in favor of same sex marriage like New York did, they can knock themselves out, they can do what they want." You're saying that you're for a constitutional amendment to define marriage as between a man and a woman, which in essence, it becomes somewhat of a state's issue as well. Is that what you're basically saying?
Congresswoman Bachmann: Well, in our form of government, the states under the tenth amendment have the right to pass legislation that they like. For instance, I tried to pass the constitutional amendment in Minnesota to define marriage as between one man and one woman. Happily, the Minnesota did that just a few months ago. Now the voters in my state will be able to vote on marriage in 2012 on the ballot. Other states have gone down a different path.
What we do know is this: this issue will end up in the courts. As President of the United States, I will not appoint activist judges who legislate from the bench. I will appoint constitutionalist judges who revere and uphold our constitution.
I believe that this is such a fundamental issue to our nation, the strengthening of the family, and the definition of marriage as between a man and a woman that I will stand for that as President of the United States.
Question: If DOMA at some point is overturned, you would spend political capital on this issue
Congresswoman Bachmann: Well, the very sad reality is that President Obama as Commander in Chief and as Chief Executive is tasked with upholding the laws of the land. One of which is the Defense of Marriage Act. Now, we will have a conflict. New York, for instance, passed same-sex marriage and other states have constitutional amendments having marriage as a man and a woman.
Eventually, what happens when a same-sex couple from New York moves to a state that has the definition of marriage as between a man and a woman, they may sue to have their marriage upheld in that state. That's why we had DOMA, to allow states that don't have same sex marriage or vice-versa to be able to uphold the law of their state and not be force to recognize a marriage from another state.
Inevitable, this will come up. That's why I believe this will go to the courts and there may be a need for a federal constitutional amendment. And under our constitution, federal law trumps state law. That's how it works.
New Hampshire Debate
In June of 2011, Congresswoman Bachmann participated in the Presidential debate in New Hampshire. She was asked about campaigning on gay marriage if she was elected President and stated that she would not campaign to overturn state laws.
Congresswoman Bachmann, let's turn to a serious subject.
New Hampshire is one of five states where individuals who happen to be gay can marry legally. This is a question of conflicting interest. I know you're opposed to same-sex marriage.
As president, would you try to overturn -- what influence would you use from the White House to try to overturn these state laws despite your own personal belief that states should handle their own affairs whenever possible and in many circumstances?
BACHMANN: Well, I do believe in the 10th Amendment and I do believe in self-determination for the states.
I also believe that marriage is between a man and a woman. I carried that legislation when I was a senator in Minnesota, and I believe that for children, the best possible way to raise children is to have a mother and father in their life.
Now, I didn't come from a perfect background. My parents were divorced. And I was raised by a single mother. There's a lot of single families and families with troubled situations. That's why my husband and I have broken hearts for at-risk kids and it's why we took 23 foster children into our home.
DISTASO: What would a President Bachmann do to initiate or facilitate a repeal law on the state level? Anything at all from the White House? Would you come into the state of New Hampshire, for instance, and campaign on behalf of a repeal law?
BACHMANN: I'm running for the presidency of the United States. And I don't see that it's the role of a president to go into states and interfere with their state laws.
Iowa Debate
In August of 2011, Congresswoman Bachmann participated in the Republican debate in Ames, Iowa. She stated that she supported a constitutional amendment to define marriage.
BAIER: Congresswoman Bachmann, quickly?
BACHMANN: Thank you. I support the federal marriage amendment, because I believe that we will see this issue at the Supreme Court someday. And as president, I will not nominate activist judges who legislate from the bench. I also want to say, when I was in Minnesota, I was the chief author of the constitutional amendment to define marriage as one man, one woman. I have an absolutely unblemished record when it comes to this issue of man-woman marriage.
Voting Record
Don't Ask, Don't Tell
In 2010, the House voted to overturn the policy of don't ask, don't tell. Michele Bachmann voted against repealing Don't Ask, Don't Tell.
Michele Bachmann voted against repealing Don't Ask, Don't Tell.
