Gay couples drop marriage suits

WASHINGTON — A day after a proposed constitutional amendment was re-introduced in the U.S. Senate, three gay couples Tuesday dropped their lawsuits challenging the federal Defense of Marriage Act.

The couples said they do not want to risk having a conservative U.S. Supreme Court set precedent by rejecting their case.

The lawsuits were brought by gay couples who were wedded in Massachusetts and Canada and wanted Florida to recognize their marriages. Florida law recognizes only marriages between a man and a woman, and the Defense of Marriage Act allows states to disregard gay marriages performed in other states and foreign countries.

On Monday, Senate supporters of a constitutional amendment banning gay marriage said they intend to press for passage in the new Congress, brushing aside mixed signals from the White House on the issue's importance at the start of President Bush's second term.

"Who's to say whether we have enough votes or not," said Sen. Wayne Allard, R-Colo., noting that the new two-year Congress has just begun.

He said he expects GOP leaders to call for a vote before the 2006 elections: "I think it would be foolhardy to back off when we've got a good head of steam coming out of the election." The amendment fell far short of passage a year ago.

The amendment states that marriage "shall consist only of the union of a man and a woman," adding that no state would be required to give legal recognition to a same-sex marriage or any other same-sex union.<

Vote counters on both sides of the issue agree that Senate backers of the amendment picked up support in the 2004 elections, and the presence of Sen. John Thune, R-S.D., at the news conference underscored that. Last fall Thune defeated former Democratic Leader Tom Daschle — who had opposed the amendment.

"There were a lot of races . . . where this issue was prominent," Thune said.

Supporters of the amendment mustered only 48 votes last year on a procedural motion needed to keep the proposal alive in the Senate. A two-thirds majority is needed for passage.

Sen. Orrin Hatch, R-Utah, an amendment co-sponsor, called traditional marriage the "bedrock of our society."

Hatch said it should be up to the people, not activist judges to define marriage. He acknowledged, however, that the support needed to pass the amendment may not be there.