Hatch still balking at marriage measure

WASHINGTON — Sponsors of a constitutional amendment to ban same-sex marriage say they rewrote it to win support from more senators — but they have yet to completely win over Senate Judiciary Committee Chairman Orrin Hatch.

Sen. Wayne Allard, R-Colo., said Monday he rewrote the amendment to make clearer that state legislatures could still allow civil unions for gays — to give them limited legal recognition for such things as insurance benefits — if they choose. It would still define marriage as only "the union of a man and a woman."

Hatch, R-Utah, as chairman of the Judiciary Committee — the first gate through which the amendment must pass — has said he is considering modifications that would instead allow states themselves to define marriage.

He said recently he seeks changes that would "keep the courts from forcing their definition of marriage on states."

"I don't happen to agree with what he is proposing," Allard said of Hatch at a Capitol press conference Monday.

Allard said that he, Hatch and others continue to discuss the matter and look for options they can mutually support.

"I think that if you talked with a majority of Americans, it is clear in the polls that they support marriage as being defined as the union between a man and a woman," Allard said. "I think (that for) any amendment that we consider in the Senate, it is important for us to have that kind of language" — and not merely leave it to states to decide.

Hatch was not immediately available for comment as he marked his 70th birthday on Monday by recuperating from back surgery last week. But Hatch has said he would support Allard's amendment if it comes to a vote.

Allard and Rep. Marilyn Musgrave, R-Colo., the chief House sponsor, announced the rewrite of their amendment Monday before the second hearing on the bill, scheduled Tuesday before the Senate Judiciary Subcommittee on the Constitution.

The original wording was, "Marriage in the United States shall consist only of the union of a man and a woman. Neither the Constitution, nor the Constitution of any State, nor State or Federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."