Lamar Smith on Gay Marriage

Last Updated : Aug 11, 2010

Summary

Congressman Smith has voted in favor of the Defense of Marriage Act, in favor of the Protection of Marriage Act, and in favor of a constitutional amendment to define marriage as between one man and one woman.

Voting Record

Don't Ask, Don't Tell

In 2010, the House voted to overturn the policy of don't ask, don't tell. Lamar Smith voted against repealing Don't Ask, Don't Tell.

Lamar Smith voted against repealing Don't Ask, Don't Tell.

Constitutional Amendment

In 2006 and 2004, the House voted on adding a constitutional amendment to establish that marriage shall consist of one man and one woman. It sought to ensure that no measure enacted in one state could be enforced in another state. The measures failed in both 2006 and 2004 with the support of most Republicans and the opposition of most Democrats. Lamar Smith voted in favor of the 2006 constitutional amendment attempt.

Lamar Smith voted in favor of the 2006 constitutional amendment attempt.

Constitutional Amendment

In 2006 and 2004, the House voted on adding a constitutional amendment to establish that marriage shall consist of one man and one woman. It sought to ensure that no measure enacted in one state could be enforced in another state. The measures failed in both 2006 and 2004 with the support of most Republicans and the opposition of most Democrats. Lamar Smith voted in favor of the 2004 constitutional amendment attempt.

Lamar Smith voted in favor of the 2004 constitutional amendment attempt.

Marriage Protection Act of 2004

The Marriage Protection Act of 2004 sought to ensure that no State shall be required to give effect to any marriage between persons of the same sex under the laws of any other State. Although the bill passed the house in roll call 410, it was not voted on in the US Senate. Lamar Smith voted in favor of the Marriage Protection Act.

Lamar Smith voted in favor of the Marriage Protection Act.

Defense of Marriage Act

The Defense of Marriage Act Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship. Establishes a Federal definition of: (1) "marriage" as only a legal union between one man and one woman as husband and wife; and (2) "spouse" as only a person of the opposite sex who is a husband or wife. The bill passed the house on roll call 316 in 1996 and eventually became US law. Lamar Smith voted in favor of the Defense of Marriage Act.

Lamar Smith voted in favor of the Defense of Marriage Act.

 

Sponsored and Cosponsored Legislation

Session-111; Bill Number-H J Res 37; Constitutional Amendment Defining Marriage - Cosponsor

Requires marriage in the United States to consist only of a legal union of a man and a woman. Prohibits any federal or state court from having jurisdiction to determine whether the Constitution or any state constitution requires the legal incidents of marriage to be conferred upon any union other than a legal union between one man and one woman. Prohibits requiring any state to give effect to any public act, record, or judicial proceeding of any other state concerning a union between persons of the same sex that is treated as a marriage, or as having the legal incidents of marriage, under the laws of such other state.

Session-111; Bill Number-H R 2608; Marriage and DC - Cosponsor

Defines "marriage" for all legal purposes in the District of Columbia to mean the union of one man and one woman.

Session-111; Bill Number-H J Res 37; Constitutional Amendment - Marriage Definition - Cosponsor

Requires marriage in the United States to consist only of a legal union of a man and a woman. Prohibits any federal or state court from having jurisdiction to determine whether the Constitution or any state constitution requires the legal incidents of marriage to be conferred upon any union other than a legal union between one man and one woman. Prohibits requiring any state to give effect to any public act, record, or judicial proceeding of any other state concerning a union between persons of the same sex that is treated as a marriage, or as having the legal incidents of marriage, under the laws of such other state.

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