Senate blocks gay marriage ban

The US senate has scuppered a constitutional amendment banning gay marriage, in a defeat to “deeply disappointed” President George Bush.

Forty-eight senators voted to advance the measure – 12 short of the 60 needed - and 50 voted to block it. Defeat came at the hands of dozens of Democrats joined by six Republicans.

Bush issued a statement saying he was “deeply disappointed” with the vote, but said it was a temporary setback.

“Activist judges and local officials in some parts of the country are not letting up in their efforts to redefine marriage for the rest of America – and neither should defenders of traditional marriage flag in their efforts,” he said.

Senate Democratic leader Tom Daschle said there was no urgent need to amend the US Constitution. “In South Dakota, we’ve never had a single same-sex marriage and we won’t have any,” he said shortly before the vote. “It’s prohibited by South Dakota law as it is now in 38 other states.

"There is no confusion. There is no ambiguity.”

The amendment provided that marriage within the United States “shall consist only of a man and a woman”.

It also required that neither the US Constitution nor any state constitution “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”.

The senate acted as House of Representatives Republicans began advancing legislation that would bar federal courts from ordering states to recognise same-sex marriages sanctioned in other states.

The measure cleared committee on a vote of 21-13 and is expected on the House floor next week.

Republican leaders also have discussed granting Bush his wish to have the entire House vote on the proposed constitutional amendment in the autumn, even though the senate’s rejection effectively killed any chance it could be submitted to the states for ratification this year.

Whatever the legislative endgame, supporters said they expected the issue to play a role in political campaigns.

“I think it will be a significant issue in the fall elections as it is further engaged,” said Senator Sam Brownback, a Kansas Republican.

“Four million religious conservative voters sat out the last election, so the president’s visible stance on protecting marriage is essential to turning out all of those conservative voters who pulled the lever for him in 2000 and getting those other four million to come out for him this year,” said Keith Appell, a conservative strategist in Washington.

Cheryl Jacques, president of the Human Rights Campaign, a gay rights organisation, professed a lack of concern. “I think the discussion will continue to play out but I think they played their best hand today and couldn’t even get a simple majority,” she said last night.

Bush’s Democratic rival, Senator John Kerry of Massachusetts, skipped the vote. He issued a statement expressing renewed opposition to the amendment and accusing Republicans of seeking to alter the constitution for political gain.

“The unfortunate result is that the important work of the American people - funding our homeland security needs, creating new and better jobs, and raising the minimum wage – is not getting done,” he said.

Polls show that while gay marriage is opposed by a strong majority of Americans, opinion is more evenly divided on the question of amending the constitution.

Republican strategists concede they must be careful in their handling of the issue, lest the party appear intolerant and offend moderate voters.