EXPERTS, LAWMAKERS CLASH OVER IMPACT OF GAY MARRIAGE: From the Los Angeles Times

Experts and lawmakers differed sharply in testimony Tuesday before the Senate Judiciary Committee over whether the institution of marriage is under judicial assault and can only be preserved through a constitutional amendment banning gay marriage.

In an opening statement, presiding Sen. John Cornyn (R-Texas), chairman of the subcommittee on constitutional law, decried what he said was a "judicial onslaught'' against traditional marriage.

But Rep. Barney Frank (D-Mass.), who is openly gay, made the issue personal in emotional, unscripted testimony to his Senate colleagues.

"I have to ask, senators, who are we hurting? How is the fact that I or someone else wants to express love to another human being ... how does that hurt you? Why is this considered an infringement?" Frank said. ...

"The issue of marriage," said Sen. Dianne Feinstein (D-Calif.), "is the purview of the states, not of the federal government." Throughout U.S. history, she said, "the states have proved entirely capable of dealing with this issue."

In testimony before the committee, University of Chicago law professor Cass R. Sunstein said "those who endorse the amendment fear that if one state recognizes same-sex marriages, others will be compelled to do so as well." That fear, Sunstein said, "is unrealistic; the federal system permits states to refuse to recognize marriages that violate their own policies." ...

Whatever text is ultimately adopted by the committee, both Republicans and Democrats say the chances of Congress passing any marriage amendment in this election year are slim.

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posted by Eve at 4:35 PM VOTE

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