July 16, 2011 09:55 PM UTC

Senator Michael Bennet Avoids the Question on Gay Marriage

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• by: DavidThi808

I recently sent the following two questions to  Senator Bennet:

From: David Thielen

Sent: Thu 6/30/2011 8:59 AM

To: Timothy Zeiser

Subject: Gay Marriage question

Hi Tim;

First off, thank you again for answering on your Pols post.

Second, can you please ask the Senator for his answer on the following (and I’ll post it verbatim on Pols):

In the 60s the Southern states said that interracial marriage should be decided by each state. Does Senator Bennet think that interracial marriage should be left to each state?

And if not, how is the gay marriage question enough different from interracial marriage than one is a state’s rights issue while the other is a civil right enforced at the federal level?

thanks – dave

I received the following reply (note I do not use the term answer):

From: Michael Bennet, US Senator for Colorado

Sent: Tuesday, July 12, 2011 8:18 AM

To: David Thielen

Subject: A Message from Senator Michael Bennet

Dear David:

Thank you for contacting me regarding this important issue. I appreciate hearing from you.

Let me begin by saying I understand and respect the strong feelings on both sides of the same-sex marriage debate. Marriage is a very personal covenant entered into by two individuals who deeply care for each other. I have had the joy of sharing this special relationship and the rights and privileges that come with it with my wife, Susan.

With that being said, it is important that we have a clear understanding of government’s role in marriage. Historically, marriage has been an issue controlled by the states. Over the past few decades, questions on the definition of marriage and the rights of same-sex couples have been put before voters, state legislatures, and both state and federal courts. Colorado voters in 2006 passed Amendment 43 to the Colorado Constitution, which defines marriage in the state as only a union between one man and one woman. Additionally, the state legislature passed House Bill 1260 in 2009, which allows unmarried couples to enter into a designated beneficiary agreement. These agreements grant couples limited rights, including making funeral arrangements, receiving death benefits, and inheriting property without a will.

Right now, there is a vigorous debate going on about the constitutionality of state laws and amendments that explicitly prohibit same-sex marriage. Some are comparing these laws to the issues considered in Loving v. Virginia, where the Supreme Court overturned a Virginia state law that outlawed interracial marriage. There are obvious similarities between the issues at hand, and now the courts must decide whether or not laws and state constitutional amendments can treat same-sex couples differently than heterosexual couples, and if so, how and on what basis. Our high court has also applied different standards to race-based and gender-based state and federal laws. Those distinctions, among others, may also apply here.

As I have stated previously, I believe that discrimination against any Coloradan because of sexual orientation is unacceptable. Same-sex couples should be able to enter into legally recognized relationships affording them the same rights and benefits now enjoyed by heterosexual couples, including federal tax and social security benefits and the ability to designate who can care for them at the end of life. As a voter in Colorado, if same-sex marriage were on our state’s ballot, I would vote for it.

I value the input of fellow Coloradans in considering the wide variety of important issues and legislative initiatives that come before the Senate. I hope you will continue to inform me of your thoughts and concerns.

For more information about my priorities as a U.S. Senator, I invite you to visit my website at http://bennet.senate.gov/. Again, thank you for contacting me.

Sincerely,

Michael F. Bennet

United States Senator

The reply doesn’t answer the questions but instead says leave it to the courts. The question was not how will this play out. It was not how will Senator Bennet vote. It was not should this be resolved with legislation (as opposed to the courts). It was a very simple query – what is Senator Bennet’s opinion on these two questions.

I have sent in a follow-up email asking once again for an answer to the questions.