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Recently I have been contacted by a number of constituents regarding the Federal Marriage Amendment. The Federal Marriage Amendment would have amended the U.S. Constitution to define marriage as only being between one man and one woman. Since the Federal Marriage Amendment was debated at the federal level, I, as a state representative, had no role in the amendment's progress through the federal legislative process. As with any federal issue, I have encouraged these constituents to contact their federal congressman and U.S. Senators. The Federal Marriage Amendment, however, was recently defeated in the U.S. Senate. Although state legislators are unable to affect the federal process, the Texas legislature passed Senate Bill 7 during the 78th session, which was also referred to as the Defense of Marriage Act (DOMA.) Prior to the passage of SB 7, Texas law prohibited the issuance of a marriage license for persons of the same sex, but was silent on the status of civil unions performed in other states. SB 7 provided that Texas may not recognize any same-sex marriages or civil unions issued by other state governments. The Federal Marriage Amendment would have required an amendment to the U.S. Constitution. Some constituents have expressed an interest in learning how the U.S. Constitution is amended and the states' role in that procedure. There are two ways to amend the Constitution. The first method is for an amendment to pass both the U.S. Senate and U.S. House of Representatives by a two-thirds majority in each chamber. Once the amendment has passed both houses, it goes to the states to be ratified. All previous amendments to the Constitution have been proposed in this manner. The second way to amend the Constitution is for a Constitutional Convention to be called by two-thirds of the states, and for that Convention to propose amendments. These amendments are then sent back to each of the states to be ratified. This has never been done. To be ratified, an amendment, as passed by Congress or a Constitutional Convention, must be passed by the state legislature or a state ratification convention. The state ratification convention in Texas is a separate body from the legislature. Members of the convention are chosen from the 31 state senatorial districts and cannot be state, district or county officeholders. The proposed amendment will state which ratification method is to be used. Congress will normally put a time limit, usually seven years, for the amendment to be ratified by the states. Only the 21st Amendment, which abolished Prohibition, specified ratification by a state convention. In either case, passage by the legislature or convention is by simple majority. An amendment must be approved and ratified by three-fourths, or 38, of the states. Interestingly, the President does not have a role in the formal amendment process. He cannot veto an amendment proposal or a ratification. You can contact me by writing to P.O. Box 2910, Austin, TX 78768-2910 or by e-mailing me at larry.phillips@house.state.tx.us.