Bush urges passage of gay marriage ban

WASHINGTON -- President Bush urged Congress yesterday to pass a constitutional amendment banning gay marriage, saying the legislation under debate this week in the Senate is the only way to stop judges in states such as Massachusetts from trying to ''change the meaning of marriage."

In an interview, Senator John F. Kerry accused Republicans of politicizing the gay marriage issue ''to divide America" as both sides strive to appeal to moderate voters by claiming the high ground on social and moral values. [Story, A11.]

''They're using the Constitution of the United States in an election year for political purposes," Kerry said as he flew with his running-mate, Senator John Edwards, from New Mexico to a homecoming rally for Edwards in Raleigh, N.C. ''This is politics, it's degrading to the country. It's the worst kind of leadership."

Bush delivered his most expansive public comments yet in support of the gay marriage ban during his weekly radio address, saying that ''to defend marriage, our nation has no other choice" but to amend the Constitution.

''If courts create their own arbitrary definition of marriage as a mere legal contract, and cut marriage off from its cultural, religious, and natural roots, then the meaning of marriage is lost, and the institution is weakened," Bush said.

Then Bush took direct aim at court action in Massachusetts.

''The Massachusetts court, for example, has called marriage 'an evolving paradigm,' " Bush said. ''That sends a message to the next generation that marriage has no enduring meaning, and that ages of moral teaching and human experience have nothing to teach us about this institution."

Bush did not mention his Democratic challenger by name, but he mentioned Kerry's home state three times. Kerry opposes a constitutional amendment against gay marriage, but he also opposes gay marriage. He supports civil unions. The Senate is not expected to have the 67 votes necessary to pass the proposed amendment on to the states. If the Senate and House do approve it, then the proposal needs the support of three-fourths of the state legislatures.

Kerry said yesterday that he would not return to the Senate for procedural votes, but if Republicans mustered enough support to bring the matter up for a final vote, he and Edwards would oppose the ban on the Senate floor. ''We will stand up and be counted," Kerry said.

A ruling by the Massachusetts Supreme Judicial Court granted gays and lesbians the right to marry, and the first such marriages took place in May.

The White House has at times seemed reluctant to use all of its political muscle on the issue. Bush has spoken about the matter sporadically. On Feb. 18, the president said he was ''watching it carefully" and had not decided whether to support the amendment. Six days later, Bush announced that he would support the constitutional amendment banning gay marriage. Since then, Bush has rarely mentioned the matter, according to a search of transcripts on the White House website. On Friday, Bush elaborated on his views on gay rights when asked about the issue at a campaign event.

''What they do in the privacy of their house, consenting adults should be able to do," Bush said in Kutztown, Pa., according to a White House transcript. ''This is America. It's a free society. But it doesn't mean we have to redefine traditional marriage."

The debate on the amendment began Friday in the Senate; a vote could come Wednesday.

Aboard the campaign charter with Kerry yesterday, Edwards criticized GOP leaders for making time on the congressional calendar to debate gay marriage at the expense of what he suggested were more pressing issues.

''Over a million Americans have lost their jobs, 40 million Americans have no health-care coverage, people are struggling every single day," he said. ''What they are taking the time of the Congress to do is to bring a completely politically motivated constitutional amendment."

In the past, Kerry has said that the matter should be dealt with on a state-by-state basis in the legislatures. Kerry has taken some criticism from gay rights groups for his opposition to same-sex marriage.

But Bush said yesterday that unless an amendment is passed, judges might try to determine that a gay marriage performed in Massachusetts is valid elsewhere.

''Overreaching judges could declare that all marriages recognized in Massachusetts or San Francisco be recognized as marriages everywhere else," he said. ''When judges insist on imposing their arbitrary will on the people, the only alternative left to the people is an amendment to the Constitution -- the only law a court cannot overturn."

Edwards dismissed that argument, saying that ''it is absolutely law in this country that no state, today, is required to recognize the marriage of another state. There's no argument this is about anything other than politics," he said.

It is not clear yet what impact the issue will have on the presidential election. Some analysts believe the issue could make a difference in some conservative states.

Steven Fisher, a spokesman for the Human Rights Campaign, which describes itself as ''working for lesbian, gay, bisexual, and transgender equal rights," said yesterday that Bush is pushing the amendment now to publicize it in advance of the Democratic National Convention later this month. ''This is all politics," Fisher said.

In Massachusetts, some conservative leaders applauded the president's comments.

''An amendment is the only solution we have to make sure we have a standard definition of marriage across the 50 states," said Kris Mineau, president of Massachusetts Family Institute. ''The model for the nuclear family is one man and one woman, for the procreation and nurturing of children. That's why the government cares about marriage, because it's bringing forth the next generation of adults."

Bush, meanwhile, urged that the debate go forward with respect to all sides. "American democracy, not court orders, should decide the future of marriage in America."

Raja Mishra of the Globe staff contributed to this report.