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Should there be a Constitutional amendment or federal law defining marriage as only between a man and a woman?

Candidates' positions are categorized as Pro (Yes), Con (No), Not Clearly Pro or Con, or None Found.
Candidates who have changed their positions are listed as Now their most recent position.
(Candidates are listed in alphabetical order by party; black & white photos indicate candidates who have withdrawn or who no longer meet our criteria.)

Democratic Party (D)
Candidate
Position
  Clinton, Hillary
Con
  Obama, Barack
Con
  Biden, Joe
(Withdrew on
Jan. 3, 2008)
Con
  Dodd, Chris
(Withdrew on
Jan. 3, 2008)
Con
  Edwards, John
(Withdrew on
Jan. 30, 2008)
Con
  Kucinich, Dennis
(Withdrew on
Jan. 25, 2008)
Con
  Richardson, Bill
(Withdrew on
Jan. 10, 2008)
Con
  Vilsack, Tom
(Withdrew on
Feb. 23, 2007)
None Found
Republican Party (R)
Candidate
Position
  McCain, John
Con
  Paul, Ron
Con
  Brownback, Sam
(Withdrew on
Oct. 19, 2007)
None Found
  Gilmore, Jim
(Withdrew on
July 14, 2007)
None Found
  Giuliani, Rudy
(Withdrew on
Jan. 30, 2008)
Not Clearly Pro or Con
  Huckabee, Mike
(Withdrew on
Mar. 4, 2008)
Pro
  Hunter, Duncan
(Withdrew on
Jan. 19, 2008)
Pro
  Romney, Mitt
(Withdrew on
Feb. 7, 2008)
Now Pro
  Tancredo, Tom
(Withdrew on
Dec. 20, 2007)
Pro
  Thompson, Fred
(Withdrew on
Jan. 22, 2008)
Not Clearly Pro or Con
  Thompson, Tommy
(Withdrew on
Aug. 12, 2007)
None Found
3rd Parties / Independents (3rd/I)
Candidate
Position
 Mike Gravel
 (Lib)
Con
 Keyes, Alan
 (Ind)
Pro
 McKinney, Cynthia
 (Grn)
None Found
 Nader, Ralph
 (Ind)
Not Clearly Pro or Con
 Imperato, Daniel
 (Ind)
Con
 Kubby, Steve
 (Lib)
Con
 McEnulty, Frank
 (Ind)
Con
 Smith, Christine
 (Lib)
Con
Additional Resources:

  1. Should an affair outside of marriage disqualify a candidate for public office? - Read the 2008 presidential candidates' pro and con responses to this question.

  2. Read the definition of a Constitutional amendment in our Glossary.


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Should there be a Constitutional amendment or federal law defining marriage as only between a man and a woman?

Candidates are listed in alphabetical order. Positions are categorized as Pro (Yes), Con (No), Not Clearly Pro or Con, or None Found.
Candidates who have withdrawn or who no longer meet our
criteria are listed last.

   Pro (Yes)    Con (No)

   Clinton, Hillary (D) - Con

Hillary Clinton, U.S. Senator (D-NY), stated in a Mar. 2, 2007 speech at a Human Rights Campaign Board Meeting:

"When HRC [Human Rights Campaign] stood up and took on the Federal Marriage Amendment [Constitutional amendment legally defining marriage as the union between a man and a woman only] you were making an important statement because this amendment was wedge politics at its worst. It was mean-spirited. It was against the entire forward movement of American history. It was the first time that anyone was proposing that we amend the Constitution to deny citizens' rights, rather than widening the circle of rights and opportunities...

In the end, we stopped the Federal Marriage Amendment and we sent a strong message that we will not stand idly by when anyone tries to write discrimination into our Constitution."
Mar. 2, 2007 Hillary Clinton


Top
   Gravel, Mike (Lib) - Con

Mike Gravel, former U.S. Senator (D-AK), issued the following statement through his press secretary, Alex Colvin, in a Oct. 19, 2007 email to ProCon.org:

"No. I support same-sex marriage."
Oct. 19, 2007 Mike Gravel


Top
   Keyes, Alan (Ind) - Pro

Alan Keyes, former Assistant U.S. Secretary of State, stated in an article titled "Four Priorities of My Administration" on his official candidate website (accessed Apr. 4, 2008):

"I think the Federal Marriage Amendment is absolutely essential. Because of the Constitution's Full Faith and Credit Clause, we're now in a situation where if one state adopts homosexual marriage, the couples 'married' in that state can fan out all over the country to challenge marriage laws. The only way to protect against that is to have an amendment that makes it clear that marriage in America is between one man and one woman."
Apr. 4, 2008 Alan Keyes


Top
   McCain, John (R) - Con

John McCain, U.S. Senator (R-AZ), was quoted by CNN.com in a July 14, 2004 article titled "McCain: Same-Sex Marriage Ban is Un-Republican":

"'The constitutional amendment [the Federal Marriage Constitutional Amendment] we're debating today strikes me as antithetical in every way to the core philosophy of Republicans... It usurps from the states a fundamental authority they have always possessed and imposes a federal remedy for a problem that most states do not believe confronts them...'

McCain said Tuesday night he would side with opponents of the amendment on the procedural vote to make clear to his constituents that he is against the amendment itself."
July 14, 2004 CNN.com

[Editor's Note: Although John McCain has opposed a U.S. Constitutional amendment to same-sex marriage. He has supported a state-level amendment to the Arizona constitution banning same-sex marriage.

"Gay-Marriage Ban Initiative Wins Support from McCain," an article published in The Arizona Republic, Aug. 26, 2005, stated the following:

"Sen. John McCain said Thursday that he supports an initiative that would change Arizona's Constitution to ban gay marriages and deny government benefits to unmarried couples...

The amendment 'would allow the people of Arizona to decide on the definition of marriage in our state,' McCain said in a statement. The senator, who opposes a federal constitutional amendment banning same-sex marriage, believes those are state matters, a staffer said." ]


Top
         McKinney, Cynthia (Grn) - None Found  
 
ProCon.org emailed the McKinney campaign on Mar. 26, 2008 with this question. We had not received a reply or found a position as of Apr. 11, 2008.
 


Top
          Nader, Ralph (Ind) - Not Clearly Pro or Con

Ralph Nader, attorney, author, and political activist, stated in a June 21, 2004 article titlec "Ralph Nader: Conservatively Speaking" in The American Conservative:

"[Pat Buchanan]: Should homosexuals have the same right in law to form marriages and receive marriage licenses from the state as men and women?

[Ralph Nader]: Yes, and if you had that, you wouldn?t have to use the word 'marriage.' The reason 'gay marriage' is used is because state laws connect certain benefits with that word. As a lesbian leader was quoted saying in the New York Times a few weeks ago, the issue is not the word 'marriage.' The word is 'equality."
June 21, 2004 Ralph Nader


Top
   Obama, Barack (D) - Con

Barack Obama, U.S. Senator (D-IL), stated in a June 5, 2006 article titled "Floor Statement of Senator Barack Obama on the Federal Marriage Amendment" on his U.S. Senate website:

"Today, we take up the valuable time of the U.S. Senate with a proposed amendment to our Constitution [the Federal Marriage Amendemnt] that has absolutely no chance of passing...

Now, I realize that for some Americans, this is an important issue. And I should say that personally, I do believe that marriage is between a man and a woman...

I agree with most Americans, with Democrats and Republicans, with Vice President Cheney, with over 2,000 religious leaders of all different beliefs, that decisions about marriage, as they always have, should be left to the states."
June 5, 2006 Barack Obama


Top
   Paul, Ron (R) - Con

Ron Paul, U.S. Representative (R-TX), stated in a Sep. 30, 2004 speech titled "Cultural Conservatives Lose If Gay Marriage Is Federalized" made on the U.S. House of Representatives floor:

"Mr. Speaker, while I oppose federal efforts to redefine marriage as something other than a union between one man and one woman, I do not believe a constitutional amendment is either a necessary or proper way to defend marriage...

Having studied this issue and consulted with leading legal scholars, including an attorney who helped defend the Boy Scouts against attempts to force the organization to allow gay men to serve as scoutmasters, I am convinced that both the Defense of Marriage Act and the Marriage Protection Act can survive legal challenges and ensure that no state is forced by a federal court's or another state's actions to recognize same sex marriage. Therefore, while I am sympathetic to those who feel only a constitutional amendment will sufficiently address this issue, I respectfully disagree. I also am concerned that the proposed amendment, by telling the individual states how their state constitutions are to be interpreted, is a major usurpation of the states' power. The division of power between the federal government and the states is one of the virtues of the American political system. Altering that balance endangers self-government and individual liberty. However, if federal judges wrongly interfere and attempt to compel a state to recognize the marriage licenses of another state, that would be the proper time for me to consider new legislative or constitutional approaches."
Sep. 30, 2004 Ron Paul

CANDIDATES WHO HAVE WITHDRAWN OR WHO NO LONGER MEET OUR CRITERIA
    Biden, Joe (D) - Con

Joe Biden, U.S. Senator (D-DE), stated on a June 4, 2006 segment of Meet the Press with Tim Russert:

"I can't believe the American people can't see through this. We already have a law, the Defense of Marriage Act. We've all voted-not, where I've voted, and others have said, look, marriage is between a man and a woman and states must respect that. Nobody's violated that law, there's been no challenge to that law. Why do we need a constitutional amendment?"
June 4, 2006 Joe Biden


Top
     Brownback, Sam (R) - None Found  
Withdrew on Oct. 19, 2007; no position found as of that date


Top
   Dodd, Chris (D) - Con

Chris Dodd, U.S. Senator (D-CT), in a June 7, 2006 "Floor Statement of Senator Chris Dodd on Marriage Protection Amendment" on his U.S. Senate website:

"I wanted to just take a minute or so here to say to my colleagues and to others that had I been present this morning, I would have voted no on the motion for cloture, and had cloture been invoked, I would have voted against the amendment. I am speaking of the proposed constitutional amendment that would have banned same-sex marriages.

Like many of my colleagues who have spoken on this matter, I believe this is a matter that belongs in the States. This is not a matter that ought to be a part of the Constitution."
June 7, 2006 Chris Dodd


Top
   Edwards, John (D) - Con

John Edwards, former U.S. Senator (D-NC), stated in a Washington Post Feb. 25, 2006 article titled "Edwards to Bush: Kerry Hasn't Won Yet" by Tom Raum:

"I do not support -- I am against the president's constitutional amendment [defining marriage as between a man and woman] on gay marriage. I don't personally support gay marriage myself, but my position has always been that it's for the states to decide, and it's for the state of Georgia to decide or any other state to decide. And I think the federal government should honor those decisions."
Feb. 25, 2006 John Edwards


Top
     Gilmore, Jim (R) - None Found  
Withdrew on Aug. 14, 2007; no position found as of that date


Top
     Giuliani, Rudy (R) - Not Clearly Pro or Con

Rudy Giuliani, former Mayor of New York City, stated on CNN's Larry King Live on Feb. 14, 2007:

"MAYOR GIULIANI: 'I believe that marriage is something that should be between a man and a woman and that the way to handle this, and the way to handle respect and everything else is to have something like domestic partnership, which I support.'

LARRY KING: 'Would you favor a constitutional amendment saying marriage is a man and a woman?'

MAYOR GIULIANI: 'Not if it remains the way it is now. Unless all of a sudden lots of states do what Massachusetts does and kind of come at it from the other side and decide that the Constitution says that - that you cannot have marriage between a man and a woman...'"
Feb. 14, 2007 Rudy Giuliani


Top
   Huckabee, Mike (R) - Pro

Mike Huckabee, former Governor of Arkansas, stated in an article titled "Issue: Marriage" on his official campaign website (accessed Oct. 30, 2007):

"I support and have always supported passage of a federal constitutional amendment that defines marriage as a union between one man and one woman. As President, I will fight for passage of this amendment. My personal belief is that marriage is between one man and one woman, for life.

No other candidate has supported traditional marriage more consistently and steadfastly than I have. While Massachusetts was allowing homosexuals to marry, I got a constitutional amendment passed in Arkansas in 2002 defining marriage as between one man and one woman."
Oct. 30, 2007 Mike Huckabee


Top
   Hunter, Duncan (R) - Pro

Duncan Hunter, U.S. Representative (R-CA), in an article titled "Core Principles: Values Issues" on his official campaign website (accessed Nov. 5, 2007), stated:

"I firmly believe that marriage is one of the most important social institutions we have and that it is central to promoting family values and raising children in a healthy environment. It is for this reason that I cosponsored and voted in favor of H.J. Res. 88 (Musgrave-CO), which proposes an amendment to the U.S. Constitution declaring that marriage in the United States shall consist solely of the union of a man and a woman. I firmly believe that children need the unique influence offered by both a father and a mother."
Nov. 5, 2007 Duncan Hunter


Top
   Imperato, Daniel (3rd/I) - Con

Daniel Imperato, an Independent candidate and business entrepreneur, issued the following statement through his press secretary, Joseph Oddo, in a Nov. 30, 2007 email to ProCon.org:

"Marriage should be between a man & a woman, but I do not favor altering the Constitution to enforce it, nor should we force the churches to sanction gay marriages."
Nov. 30, 2007 Daniel Imperato


Top
   Kubby, Steve (3rd/I) - Con

Steve Kubby, founder of the American Medical Marijuana Association, stated in an Oct. 29, 2007 email to ProCon.org:

"Absolutely not. If the government is going to license marriages at all, it should do so without discrimination on the basis of gender. Better yet, get government out of that business entirely and let marriages be constructed as religious ceremonies and/or freely negotiated contracts like any other."
Oct. 29, 2007 Steve Kubby


Top
   Kucinich, Dennis (D) - Con

Dennis Kucinich, U.S. Representative (D-OH), in a July 18, 2006 article titled "Kucinich on the Federal Marriage Amendment" on his U.S. Congress website, stated:

"Today, with a proposed Constitutional Amendment defining marriage, we would establish a law that will be at odds with the 14th Amendment that guarantees equal protection of the law...

Today, in a shameless attempt to divert, distract and distort from the lackluster performance of Congress, the House is set to write discrimination into the US Constitution."
July 18, 2006 Dennis Kucinich


Top
   McEnulty, Frank (3rd/I) - Con

Frank McEnulty, President of Our Castle Homes, in an Oct. 30, 2007 email to ProCon.org, stated:

"No, this is a state issue. I also believe that all people should be treated equally in all matters."
Oct. 30, 2007 Frank McEnulty


Top
   Richardson, Bill (D) - Con

Bill Richardson, Governor of New Mexico, stated in an exchange with Jonathan Capehart of the Washington Post at the Aug. 9, 2007 Democratic Forum on Viacom's Logo cable network:

"MR. CAPEHART: Governor, what was it about the time -- I believe it was 1996 when DOMA [Defense of Marriage Act] was passed -- what was it about that time that made it possible for you to actually vote for it?

GOV. RICHARDSON: Well, I was the chief deputy whip of the Democrats at the time. President Clinton was president. And at that time, the objective in passing DOMA was to fight a huge assault for a constitutional amendment in the Congress to ban marriage. It was sort of a cheap political way to decimate a bad initiative."
Aug. 9, 2007 Bill Richardson


Top
   Romney, Mitt (R) - Pro

Mitt Romney, former Governor of Massachusetts, stated in an article titled "Ask Mitt Anything: Traditional Marriage (Mitt TV)" on his official campaign website (accessed Oct. 25, 2007):

"I support an amendment to our constitution which defines marriage as a relationship between a man and a woman... I supported a constitutional amendment at the federal constitution level to say a marriage is between a man and a woman... I'm not in favor of civil unions or same sex marriage."
Oct. 25, 2007 Mitt Romney
   Romney, Mitt (R) - Con

[Editor's Note: Prior to Mitt Romney's Oct. 19, 2007 Pro position, his position was Con for a Constitutional amendment or federal law defining marriage as only between a man and a woman, as indicated in an Aug. 1994 interview with Bay Windows newspaper.]

"[I]t's a state issue as you know - the authorization of marriage on a same-sex basis falls under state jurisdiction."
Aug. 1994 Mitt Romney


Top
   Smith, Christine (3rd/I) - Con

Christine Smith, a Libertarian candidate and a social and political activist, stated in a Nov. 12, 2007 email to ProCon.org:

"No. I am for marriage equality. As long as the government continues to grant marriage licenses to heterosexual couples, licenses should be granted to gay couples as well. Although I do not believe it is the business of government to be involved in granting marriage licenses, as long as the government issues marriage licenses and grants special privileges and benefits based on marital status, the same advantages must be granted equally to all married couples."
Nov. 12, 2007 Christine Smith


Top
   Tancredo, Tom (R) - Pro

Tom Tancredo, U.S. Representative (R-CO), stated in an article titled "Issues: Gay Marriage" on his official campaign website (accessed Nov. 1, 2007):

"Federalism concerns make a constitutional amendment protecting traditional marriage an avenue of last resort, Unfortunately, intellectually dishonest activist judges have left us no choice.

Activist courts have ignored the principal legal argument that the state's interest in marriage is procreation. Population is power. Society needs a young generation to defend the country in battle, to support its programs with taxes and to carry on its culture and traditions. The mere fact that two people are in a loving relationship does not matter to the state. Society supports traditional marriage because it is the only union which, in the ordinary course, leads to children, without the intervention of a third party."
Nov. 1, 2007 Tom Tancredo


Top
     Thompson, Fred (R) - Not Clearly Pro or Con

Fred Thompson, former U.S. Senator (R-TN), in an Oct. 19, 2007 article titled "Fred Thompson Speaks to the Value Voters Summit" on his official candidate website, stated:

"The latest example of that [judicial activism] has to do with the same-sex marriage issue, where judges have taken it upon themselves to take something that has been the case since the dawn of civilization, and that is the recognition that marriage is between a man and a woman -- turned it on its head.

When I was in the Senate, we fought for the Defense of Marriage Act, passed that act, basically defining marriage as between a man and a woman, and saying one state, if they do such a thing, does not have to be recognized by another state when someone moves to that new state.

This is a totally judicially created problem. I propose a constitutional amendment which will stop this particular brand of judicial activism in its tracks."
Oct. 19, 2007 Fred Thompson


Top
     Thompson, Tommy (R) - None Found  
Withdrew on Sep. 12, 2007; no position found as of that date


Top
     Vilsack, Tom (D) - None Found  
Withdrew on Feb. 23, 2007; no position found as of that date

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