Poll: No Same-Sex Marriage, No Amendment

Jan. 21 -- Most Americans agree with President Bush's opposition to same-sex marriage — but most also oppose amending the U.S. Constitution to ban it, saying instead that it should be a matter for the individual states to decide.

Bush called in his State of the Union address Tuesday night for a "national dialogue" on the subject, but also signaled his own conclusion: "If judges insist on forcing their arbitrary will upon the people, the only alternative left to the people would be the constitutional process."

In this ABCNEWS/Washington Post survey, 38 percent of Americans favor amending the U.S. Constitution to make it illegal for homosexual couples to marry, but 58 percent say, instead, that each state should make its own laws on gay marriage.

That's not an endorsement of same-sex marriages — indeed most, 55 percent, say such marriages should be illegal. Instead it suggests a public judgment that the issue doesn't merit pre-empting the states and amending the U.S. Constitution.

Compared to same-sex marriage, this poll finds a closer division in public views on gay civil unions — 51 percent opposed, but 46 percent in favor.

Bush, in his State of the Union address, said, "Our nation must defend the sanctity of marriage." If he was referring to government action, he lacks majority support on this point as well: Fifty-six percent say it should not be a role of the federal government to promote traditional marriage.

It's been suggested that Bush raised the issue to win favor in his core support groups, and most in two such groups — conservatives and white evangelical Protestants — do favor a constitutional amendment. But majorities in other groups are opposed, including 52 percent of Republicans, some of whom may see it as a matter of states' rights.

Depends on How You Ask

Measuring public views on a constitutional amendment is sensitive to how the subject is framed, including whether an alternative is offered. This poll asked, "Would you support amending the U.S. Constitution to make it illegal for homosexual couples to get married anywhere in the U.S., or should each state make its own laws on homosexual marriage?"