A ban on same-sex marriage?

WASHINGTON — Senate Judiciary Committee Chair- man Orrin Hatch, R-Utah, says a constitutional amendment is now almost surely needed to ensure that legal marriage is allowed only between a man and a woman — and not between homosexuals.

"Based upon the last term (of the U.S. Supreme) Court and its decisions, I just don't think that a pure statute is going to be upheld" defining marriage as between a man and a woman, Hatch told the Deseret Morning News on Friday.

That came after the Vatican on Thursday called for lawmakers to oppose any efforts to legalize homosexual marriage, and President Bush also said he is willing to consider a constitutional amendment to block such unions. Also, The Church of Jesus Christ of Latter-day Saints has been working in Congress to oppose such unions.

Much of Hatch's concern arises from the Supreme Court's ruling this summer in Lawrence v. Texas, where it struck down an anti-sodomy law as a violation of privacy. Many see that as a move toward allowing homosexual marriage. Cases are pending in Massachusetts and New Jersey about whether to allow such marriages.

Hatch told the Deseret Morning News Friday that after studying the issue — and whether a normal statute might be enough to ensure marriage is only between a man and a woman — "I just don't think that a pure statute is going to be upheld" by the justices currently on the Supreme Court.

He added, "I favor a constitutional amendment that basically establishes marriage as a family institution between a male and female, so that we can continue to preserve our families — and not get families mixed up with politics."

He said a draft of an amendment he and other Republicans are now considering "basically leaves it up to the states about how to otherwise accommodate the homosexual relationships."

Hatch said, "I don't know of anyone who wants to be unfair (to gays), but above all we don't want to be unfair to the institution of marriage — which we hold as sacrosanct."

Hatch said GOP senators are working on the amendment right now, and he expects a constitutional amendment to be introduced before long. Also on Friday, however, Sen. John Cornyn, R-Texas, introduced a simple statute to define marriage as the "legal union between one man and one woman."

Hatch has a growing list of allies.

The Vatican statement this week called moves to allow homosexual marriages "a legalization of evil," and called for all Catholics who are lawmakers to fight it.