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Neither this Constitution nor the constitution of any State shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman. When the bill became stuck in committee, Senator Allard re-introduced the Amendment in the Senate on July 7, 2004, where it was designated S. On July 14, 2004, a cloture motion to force a direct vote on the FMA was defeated in the Senate by a margin of 50 nay votes to 48 yea votes. Res.106 in the House and was immediately referred to the House Committee on the Judiciary. Passage of the proposed Amendment failed 227 yea votes to 186 nay votes, where 290 yea votes (two-thirds) are required for passage of a proposed Constitutional amendment.The 48 votes in support of the cloture motion were 12 votes short of the 60-vote supermajority (three-fifths) needed to end debate and force a vote on the Amendment itself. On September 28, 2004, rules were recommended by the House Rules Committee with regards to debate and voting on the proposed Amendment. On January 24, 2005, Senator Allard introduced the Marriage Protection Amendment, which was the 2004 version of the Federal Marriage Amendment verbatim, with 21 Republican co-sponsors. Musgrave introduced the Marriage Protection Amendment in the House. Res.1 in the Senate and was immediately referred to the Senate Committee on the Judiciary. The amendment garnered 37 cosponsors, all Republicans. In his State of the Union address on January 20, 2004, President Bush alluded to the recent court decision in Massachusetts ordering the state to recognize same-sex marriages beginning in May: "Activist judges ...(Restatement (Second) Of Conflict of Laws § 283(2) (1971).) States historically exercised this "public policy exception" by refusing to recognize out-of-state polygamous marriages, underage marriages, incestuous marriages, and interracial marriages.Following the Windsor decision in 2013, nearly all courts that have addressed the issue have held that states with laws defining marriage as a one-man, one-woman union cannot refuse to recognize same-sex marriages that were legally performed elsewhere and must permit all people, regardless of gender or sexual orientation, the right to marry.Department of Public Health and In Re Marriage Cases that the states' constitutions required the state to permit same-sex marriage.The Massachusetts decision could be reversed by an amendment to the state constitution; to date, no such amendment has successfully been passed in Massachusetts.She said: "If we're going to redefine marriage, let's let the American people, through their elected representatives, decide—not activist judges. The amendment changed the language of the proposed amendment, substituting "marriage" for "marital status" and specifying that it applied to "any union other than the union of a man and a woman" rather than "unmarried couples or groups".Let the people of Massachusetts decide." The bill was introduced in the Senate by Senator Wayne Allard (R-Colo.) on November 25, 2003, and designated S. The changes were intended to make it clear that state legislatures could still recognize civil unions if the amendment were to pass.

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On June 7, a cloture motion to force a direct vote on the Marriage Protection Amendment was defeated in the Senate by a margin of 49 nay votes to 48 yea votes, with the vote mostly following party lines with Democrats opposing and Republicans in favor. On July 17, 2006, rules were recommended by the House Rules Committee with regards to debate and voting on the proposed Amendment. The motion to reconsider was immediately laid on the table and agreed to without objection. Mc Manus leads a group called "Marriage Savers" promoting marriage as defined between a man and a woman."This new language makes the intent of the legislation even clearer: to protect marriage in this country as the union between a man and a woman, and to reinforce the authority of state legislatures to determine benefits issues related to civil unions or domestic partnerships," said Sen. When the 2003 version of the FMA failed to advance in the Congress, Senator Allard re-introduced the Amendment on May 22, 2004, with a revised second sentence. Musgrave re-introduced the Amendment in the House on September 23, 2004, with the same revision.The 2004 version of the Federal Marriage Amendment stated: Marriage in the United States shall consist solely of the union of a man and a woman. Res.30 in the Senate and was immediately referred to the Senate Committee on the Judiciary. The bill was subject to a filibuster: on July 9, 12, 13 and 14, the motion was made to proceed to consideration of the measure.(Mc Clellan also stated, however, that Bush did not personally support civil unions.) Similarly, at the February 25, 2004 press conference, Mc Clellan stated that the White House intended to work with Congress to develop language for the FMA that permitted states to enact civil unions.