Press Releases

ICYMI: Washington Post: Public Wants Constitution to Decide Same-Sex Marriage, Not States

Third poll in two months demonstrates clear majority in favor of deciding same-sex marriage on the basis of the Constitution

For Immediate Release
April 4, 2013
Contact: Respect For Marriage Coalition Office / 202-567-5720 
[email protected]

Washington, D.C. — A new Quinnipiac University poll released today suggests that a majority of voters think same-sex marriage should be decided by the U.S. Constitution rather than by individual states. The Quinnipiac poll results track with two other polls that found a clear majority in favor of a constitutional decision. In March, a Washington Post/ABC News poll found that 64 percent of Americans support a same-sex marriage decision based upon the U.S. Constitution. Anzalone Liszt Grove Research on behalf of the Respect for Marriage Coalition commissioned a poll in February that found 75 percent of Americans believe it is a Constitutional right to marry the person you love.

Washington Post: Public wants Constitution to decide same-sex marriage, not states
Sean Sullivan
April 4, 2013 

Most voters say same-sex marriage should be decided by the U.S. Constitution, even as many pols have suggested that individual states should determine whether it ought to be legal.

In a new Quinnipiac University survey released Thursday, 56 percent said that same-sex marriage should be decided for all states on the basis of the Constitution. Just 36 percent said states should make the call.

The survey’s findings reflect the data in a March Washington Post-ABC News poll. Fully 64 percent of Americans and 62 percent of registered voters said the legality of same-sex marriage should be decided by the Constitution.

In the Quinnipiac poll, nearly seven in 10 Democrats support a constitutional decision. Republicans are more divided, with 49 percent siding with the states and 45 percent preferring a constitutional mandate. The Post-ABC poll also shows stronger support among Democrats for a federal directive, though a majority of Republicans (54 percent) also said they prefer a constitutional decision.

A constitutional preference doesn’t necessarily mean someone is in favor of gay marriage, it’s important to note. The Republican Party’s platform calls for a constitutional amendment defining marriage as between a man and a woman, for example.

Despite the public’s preference for a federal decision, lawmakers in both parties continue to say that the issue should be decided by the states.

“Senator Heitkamp believes this should be decided on a state-by-state basis,” said a spokesperson for Democratic Sen. Heidi Heitkamp of North Dakota, one of only seven Senate Democrats who have not come out in support same-sex marriage.

“According to the U.S. Constitution, marriage and family law are reserved for the states,” said Sen. Mary Landrieu (D-La.), another red state Democratic senator who hasn’t come out in favor of gay marriage.

Sen. Marco Rubio (R-Fla.) also believes states have the right to define marriage. “Just because I believe states should have the right to define marriage in a traditional way does not make me a bigot,” he said in a speech last month.

While they are at odds with most voters, it’s not a total surprise that these and other pols continue to adopt a “let the states decide” posture. Conservative rhetoric – especially coming from those outside of Washington – often involves a federalist argument that resonates heavily with with the political right. If you’re a Democrat in red state, it’s politically perilous to part ways with conservatives, if you’re hoping to win the crossover votes necessary for political survival.

What’s more, at a time when Washington is unpopular, it’s easier to rail against the federal government infringing on local territory on just about every issue. Same-sex marriage has proven to be no exception.

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The Respect for Marriage Coalition is a partnership of more than 100 civil rights, faith, health, labor, business, legal, LGBT, student, and women's organizations working together to end the Defense of Marriage Act (DOMA) and grow support for the freedom to marry.  The Coalition is co-chaired by Freedom to Marry and the Human Rights Campaign.