COMMITTEE ON THE JUDICIARY

HENRY J. HYDE, Illinois, Chairman

ALAN F. COFFEY, JR., General Counsel/Staff Director JULIAN EPSTEIN, Minority Staff Director

SUBCOMMITTEE ON THE CONSTITUTION
CHARLES T. CANADY, Florida, Chairman

KATHRYN A. HAZEEM, Chief Counsel
WILLIAM L. MCGRATH, Counsel
KERI D. HARRISON, Assistant Counsel
JOHN H. LADD, Assistant Counsel
ROBERT RABEN, Minority Counsel

CONTENTS

HEARING DATE

May 15, 1996

TEXT OF BILL

H.R. 3396

OPENING STATEMENT

Canady, Hon. Charles T., a Representative in Congress from the State of

Florida, and chairman, Subcommittee on the Constitution

Page

1

3

1

WITNESSES

Arkes, Hadley, Edward Ney Professor of Jurisprudence and American Institu-

tions, Amherst College

Birch, Elizabeth, executive director, Human Rights Campaign
Chambers, Senator Ernest, Nebraska State Senate

Fallon, Representative Edward, Iowa State House of Representatives

McDonald, Nancy, national vice president, Parents, Families, and Friends
of Lesbians and Gays, Tulsa, OK

Musgrave, Representative Marilyn, Colorado State House of Representatives.
Prager, Dennis, author and radio talk show commentator, KABC, Los Ange-
les, CA

Saperstein, Rabbi David, director and counsel, Religious Action Center of
Reform Judaism

Sekulow, Jay Alan, chief counsel, American Center for Law and Justice

Sullivan, Andrew, editor, the New Republic

214

118

Tom, Representative Terrance, Hawaii State House of Representatives
Wardle, Lynn D., professor of law, Brigham Young University Law School
Whyman, Representative Deborah, Michigan State House of Representatives .

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING

Arkes, Hadley, Edward Ney Professor of Jurisprudence and American Institu-

tions, Amherst College: Prepared statement

Birch, Elizabeth, executive director, Human Rights Campaign: Prepared

statement

190

Chambers, Senator Ernest, Nebraska State Senate: Prepared statement

Holland, Maurice J., professor of law, University of Oregon School of Law:

Prepared statement

64

149

Jackson Lee, Hon. Sheila, a Representative in Congress from the State of

Texas: Prepared statement

143

McDonald, Nancy, national vice president, Parents, Families, and Friends
of Lesbians and Gays, Tulsa, OK: Prepared statement
National Gay and Lesbian Task Force: Prepared statement

136

40

Prager, Dennis, author and radio talk show commentator, KABC, Los Ange-
les, CA: Prepared statement

128

Saperstein, Rabbi David, director and counsel, Religious Action Center of

Reform Judaism: Prepared statement

204

Sekulow, Jay Alan, chief counsel, American Center for Law and Justice:

Prepared statement

216

(III)

Sensenbrenner, Hon. F. James, Jr., a Representative in Congress from the
State of Wisconsin: Memorandum entitled, "Winning and Keeping the Free-
dom To Marry for Same-Sex Couples-What Lies Ahead After Hawaii,
What Tasks Must We Begin Now?"

Sullivan, Andrew, editor, the New Republic: Prepared statement

.........

Tom, Representative Terrance, Hawaii State House of Representatives: Pre-
pared statement

Wardle, Lynn D., professor of law, Brigham Young University Law School:
Prepared statement

Whyman, Representative Deborah, Michigan State House of Representatives:
Prepared statement

APPENDIX

Letter dated May 14, 1996, to Chairman Henry J. Hyde, from Assistant Attorney General Andrew Fois, Office of Legislative Affairs, Department of Justice