Press Room

January 22, 2004


New Poll Shows Americans Do Not Favor Amending U.S. Constitution Over Marriage Rights for Gays and L

President's State of the Union Inference to Constitutional Amendment Lacks Public Support

WASHINGTON - A majority of Americans oppose amending the U.S. Constitution to deny marriage rights to same-sex couples, according to a new ABCNEWS/Washington Post poll. This news comes on the heels of President Bush's State of the Union address, in which he came dangerously close to endorsing a constitutional amendment.

"Americans understand that in our history the Constitution has been only been amended to expand our rights and freedoms, not to deny basic protections and responsibilities," said Cheryl Jacques, president of the Human Rights Campaign. "The Constitution should never be used to deny fundamental rights like the ability to visit a partner in the hospital, or the protection of Social Security survivor benefits, and the American people know that."

In Tuesday night's speech the president said, "If judges insist on forcing their arbitrary will upon the people, the only alternative left to the people would be the constitutional process."

"We remind the president that Americans are definitively opposed to using our nation's most cherished document to discriminate against any American," said Jacques. "Furthermore, Americans are concerned about issues like the economy and health care and national security. The president should focus on uniting the country rather than dividing us."

The poll reports only 38 percent of Americans favor a constitutional ban on marriage rights for gays and lesbians, while 58 percent believe the matter should be left up to the states. Majorities of Americans are opposed to the amendment in all regions of the country as well.
More than half of Americans - 56 percent - also feel that it should not be the role of the federal government to promote marriage between men and women according to the poll. In addition, 52 percent of Republicans also oppose an amendment to the U.S. Constitution.

"Equality is not a partisan issue and it should come as no surprise that a majority of Republicans oppose this amendment," said Jacques.

"Many leading conservatives have spoken out against the Federal Marriage Amendment because it takes family law policy away from the states and allows the federal government to make very personal choices for us."

Many conservative leaders and pundits, including former Republican Sen. Alan Simpson, David Horowitz, William Safire, and even former Rep. Bob Barr, who wrote the Defense of Marriage Act, have all expressed strong opposition to amending the constitution calling it "reckless" and "divisive."

The finding that Americans are opposed to a constitutional amendment banning marriage rights for gay and lesbian couples echoes findings from other recent polls. Two polls in October and November by the Annenberg Public Policy Center found 51 percent opposition to the amendment.