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Supporters of same-sex marriage: The Equal Marriage Rights homepage.

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Pro-MFN: Eight reasons to continue MFN for China.

Anti-MFN: Criticism of China's Most Favored Nation status.

Recent Legislation on Capitol Hill
Posted July 19, 1996

The historic 104th Congress (the first commanded by a Republican majority in four decades) is wrapping up business before its pre-election recess. And by many accounts, Republican leaders, once full of heady talk about "revolution," are just sick of it all. It looks now as though this session will end not with a bang but a whimper. With most of their agenda stalled by President Clinton, the main achievement Congressional Republicans are likely to leave behind is -- whoops! -- the achievement of a longtime Democratic grail: a raise in the minimum wage, which President Clinton is likely to pass into law before the November election. So with their blockbuster balanced budget and tax-cutting bills still stymied, Republicans are in need of some quick hits to take home for their re-election campaigns.

Lately they have been zeroing in on lesser legislative fare, with a newfound emphasis on popular, if minor, social issues. But in some of these cases their frustration continues. Seemingly Republican-only issues like a "victim's rights" amendment to the Constitution and a bill opposing gay marriage (see below), have won not only the support of Bob Dole but of President Clinton -- underscoring the GOP's difficulty in moving around Clinton's ideological right flank in time for the election. Here's a look what Congress has been up to while you were in line at "Independence Day."

GAY MARRIAGES

Nuts and Bolts: Congress looks sure to pass, and the President says he will sign, a bill that bars federal recognition of same-sex marriages. The bill would for the first time define marriage as the union between a man and a woman, and a marriage which did not meet that criteria would not be recognized at the federal level. That would mean a gay couple could not file joint tax returns, or enjoy spousal benefits from such programs as Social Security. Furthermore, to prevent one state from obliging all fifty to recognize gay marriages, the law would allow states to refuse to observe gay marriages conducted in other states.

Status: On July 12, the House approved the bill, 342-67. An identical version is pending in the Senate, where it will likely win passage this summer. President Clinton has said he will sign the bill. In the Senate, however, liberal lawmakers led by Sen. Ted Kennedy, D-MA, will try to salvage some cheer through a proposed amendment to ban workplace discrimination on the basis of sexual orientation.

Inside Scoop: There is little popular support for gay marriage in America, and only in Hawaii, where courts have been considering the issue, are they close to legal reality. But Congressional Republicans, frustrated with the halting progress of their agenda in major areas like welfare reform and a balanced budget, are eager to pounce on a social issue which -- unlike abortion -- helps to define their conservatism without alienating many supporters. President Clinton's position is a little more tricky: in agreeing to sign the bill, he has infuriated some important friends and allies within the gay community. But Clinton maintains he has long opposed same-sex marriages; he also realizes he has no political choice but to oppose them. The chief House sponsor was Rep. Bob Barr, R-GA, who is emerging as one of Congress' most active conservatives. Rep. Steve Largent, R-OK, who once caught touchdown bombs in the NFL and now throws ideological ones in Congress, was another leading proponent of the bill.

VICTIMS' RIGHTS AMENDMENT

Nuts and Bolts: Reacting to the complaint that criminals are afforded more protection than their victims, Congress has been debating a "victims' rights" amendment to the Constitution. Two bills now before the Congress would institute an array of new entitlements for crime victims. Among the proposed measures:

  • Victims of crimes would be told when court proceedings against the accused will begin, and that they have the right to attend.
  • Victims would have the right to address the Court at various legal stages such as the bail hearing, plea and sentencing of the accused.
  • Victims would be notified of parole hearings, and allowed to speak at them.
  • Victims would be told if a defendant or convict escapes from prison.
  • Victims would receive full restitution from those who harmed them.

The Senate version of the bill would also ensure the victim a right to a speedy trial, a provision Clinton does not support.

Status: The Congressional proposals have not moved much since their introduction this spring, remaining in the jurisdiction of the House Judiciary Committee and the Senate Judiciary Committee. But they have been given new momentum by the presidential candidates, both of whom have prominently voiced their support for such an amendment, although President Clinton has not specifically endorsed either of the bills before the Congress. Even if there is two-thirds support for such an amendment (which is not likely), there is probably not time left on the Congressional agenda to pass it before next year.

Inside Scoop: The Senate amendment was first proposed by Sens. Jon Kyl, R-AZ, and Dianne Feinstein, D-CA. Rep. Henry J. Hyde, R-IL, has introduced the House version. This is the first of many Constitutional amendments considered by the Republican Congress that President Clinton has praised. Voices usually sympathetic to Clinton have called his support a political pander. Many laws, they argue, already exist that protect the rights of crime victims, and Clinton as well as other proponents have not spelled out many important details of how the complicated laws would be implemented. Still, even skeptical pundits are impressed with Clinton's deft ability to take credit for such largely Republican issues, bolstering his centrist credentials for the presidential race.

MFN FOR CHINA

Nuts and Bolts: The thorny annual debate over whether to extend Most Favored Nation trading status to China has roused Congress again. Recent tensions between the U.S. and China have been high, thanks to China's continued human rights abuses, bullying of Taiwan, copyright piracy and sales of weapons technology. In May President Clinton announced a renewal of MFN status for China, which allows for the low tariffs granted to the incoming goods of most U.S. trading partners to be applied to Chinese products. To block MFN extension, the House and Senate would have had to pass a resolution of disapproval. Since the House has now rejected such a motion, Senate action is moot, and MFN will surely be implemented. But undeterred critics of the Chinese government did win House approval of hearings that could result in new legislation punishing China.

Status: On June 27 the House rejected a joint resolution, 141-286, that would have canceled MFN status for China. The resolution calling for hearings was approved, 411-7.

Inside Scoop: While there is a nearly permanent chorus calling indignantly for cancellation of MFN for China, even fierce critics of the Communist nation are usually swayed by the logic of continuing the trade status. President Clinton himself campaigned in 1992 on linkage between MFN and China's human rights record, but he has since reversed his position. The prevailing rationale is that the U.S. can best influence China through a continued trade relationship, not through economic isolation. Additionally, business interests press Congress hard not to impede their ability to profit from one of the fastest-growing markets in the world. The resolution opposing MFN extension was sponsored by Rep. Dana Rohrbacher, R-CA, and actively supported by vocal China critic Rep. Nancy Pelosi, D-CA. Some members of Congress now argue that the annual debate, first instituted in 1974 as a Cold War playing card, is outdated. Proposals include making China's MFN status permanent.


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