(CBS/AP) Massachusetts Gov. Mitt Romney, whose state is the only one to recognize same-sex marriages, on Tuesday urged passage of a U.S. constitutional amendment banning same sex unions, even as the conservative who wrote a federal law denying recognition to such marriages said that law was sufficient.

Senate backers of the ban have predicted that same-sex marriages will spread like a "wildfire" across the United States, eroding traditional marriage and voiding more restrictive laws in other states.

"It is not possible for the issue to remain solely a Massachusetts issue, it must now be confronted on a national basis," Romney said, testifying Tuesday at a Senate Judiciary Committee hearing on the subject.

But in a preview of what is certain to be a politically charged debate, former Rep. Bob Barr - a Georgia Republican - told the committee Tuesday that the constitution shouldn't be used as a vehicle for banning homosexual marriage. His remarks suggested that some of the strongest opposition to the proposed amendment may come from conservatives who abhor same-sex unions.

While in Congress, Barr was the author of the Defense of Marriage Act denying federal recognition to gay unions. Tuesday, Barr said that law has yet to be overturned, and as such, the legislation is sufficent to deny recognition to homosexual marriage.

"We meddle with the Constitution to our own peril," warned Barr. "If we begin to treat the Constitution as our personal sandbox, in which to build and destroy castles as we please, we risk diluting the grandeur of having a constitution in the first place."

In contrast, Romney, who has had to grapple with his state's first-in-the-nation court ruling giving gays the right to wed, said that at the heart of democracy is the principle that the people - not the courts - should decide such fundamental issues.

"The real threat to the states is not the constitutional amendment process, in which the states participate, but activist judges who disregard the law and redefine marriage in order to impose their will on the states, and on the whole nation," the governor said.

Barr, author of the Defense of Marriage Act denying federal recognition to same-sex unions, said in prepared testimony that conservatives should resist the temptation to use the Constitution to strangle states' rights. He said the Defense of Marriage Act was sufficient to deny recognition to homosexual marriage, and noted that it has yet to be successfully challenged.

The Defense of Marriage Act allows states - normally required to recognize out-of-state marriages and other legal proceedings - to disregard "any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage."

The law also defines marriage in federal regulations as referring to only "a legal union between one man and one woman as husband and wife."

Senate Democrats said the Republican Party is playing politics with the highly contentious issue, by forcing a vote in mid-July, right before the Democratic National Convention, where Sen. John Kerry will receive his party's nomination to run for president.

"This is not about the sanctity of marriage. This is about preserving a Republican White House and Senate," said Democratic Sen. Patrick Leahy.

Romney conceded that while "the sky's not going to fall" if same-sex unions are recognized, same sex marriage "may affect the development of children and thereby future society as a whole. Until we understand the implications for human development of a different definition of marriage, I believe we should preserve that which has endured over thousands of years."

Romney's testimony sparked some testy exchanges between Romney and Senate Democrats, including Sen. Edward M. Kennedy, who questioned how the governor could back a proposed Massachusetts constitutional amendment allowing same-sex civil unions, and also support the federal amendment, which he said would prohibit states from permitting such unions.

"How can you have it both ways?" snapped Kennedy, who calls the amendment a "shameful" proposal which would make President Bush "the first president to try to write bias back into the Constitution."

The Massachusetts Democrat went on to argue that the amendment infringes on the rights of states to decide same-sex issues on their own, and also tramples on the freedom of religions which have decided to bless same-sex ceremonies.

Kennedy also noted that the GOP leadership is skipping several of the usual steps that are part of the Senate process for constitutional amendments in order to rush it to a vote in mid-July - knowing they don't have the support they need - solely to "embarrass Democrats" and score political points just before the Democratic convention.

"This debate is about politics – an attempt to drive a wedge between one group of citizens and the rest of the country, solely for partisan advantage," said Kennedy. "We've rejected that tactic before, and we should reject it again."

Romney said he would oppose the federal amendment if it prohibited states from granting civil unions or providing benefits to gay couples. But he said he didn't think the federal amendment did that.

Romney's testimony came on the same day that former Massachusetts Republican Gov. William Weld was delivering the homily at the gay wedding in Boston of his former college roommate.

House Majority Leader Tom DeLay predicted the Senate vote would fail, and then "it is incumbent on the House to actually pass an amendment to put pressure back on the Senate to have a vote again."

The debate over same-sex marriage has been especially intense since last November when the Massachusetts high court ruled that prohibiting same-sex couples from marrying violates the state's constitution.

In February, President Bush endorsed amending the U.S. Constitution to recognize marriages only between a man and a woman.

The Massachusetts legislature voted in March to amend the state constitution to ban same-sex marriages but to legalize civil unions. But with more than two years to go before Massachusetts voters pass judgment on the proposed amendment, Romney and others have urged Congress to act on Mr. Bush's call.

Senate Majority Leader Bill Frist has said senators will begin debate on July 12th.

©MMIV, CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

Back To Top