CNN Anderson Cooper 360 - Transcript

CNN Anderson Cooper 360 - Transcript

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ROBERTS: President Bush today making his case for banning same- sex marriage -- the president says the institution of marriage is under attack.

Now he is the one under attack by Democrats, who call his proposal a political ploy and one that won't work. Some of the strongest criticism is coming from Senator Joe Biden, the Delaware Democrat and presumed presidential candidate.

I spoke with Biden a little bit earlier.

(BEGIN VIDEOTAPE)

ROBERTS: Senator Biden, we -- we heard an awful lot about same- sex marriage during -- during the 2004 election campaign. Then we heard nothing about it. And now -- now it's back again.

What's the White House up to here, and what are Republicans in Congress up to?

BIDEN: It's an election year.

Look, I mean, we have already passed a law saying that -- and the Defense of Marriage Act, defining marriage between a man and a woman. No one has challenged it. It's a federal law. And now we're talking about a constitutional amendment. Next week, we are going to do flag burning.

ROBERTS: No question in your mind this is pure politics?

BIDEN: Absolutely none in my mind.

And, by the way, if you have got any Republican in front of you, look him eye to eye, even though they may support the -- support the amendment, generally support it, ask him, do you think it's political it comes up now?

ROBERTS: This isn't just Republicans, though because Senator Ben Nelson of Nebraska also supports this. So, there -- here is a -- here is a Democrat who has got some political concerns, and, therefore, is supporting this amendment.

(CROSSTALK)

BIDEN: Well, no, let's make a distinction here.

The distinction is not whether you support it. You asked me initially bringing it up now, without the votes being there. I don't know that Ben Nelson's calling bringing it up now. The reason to bring it up now, when they -- our foreign policy is going to Hades in a handbasket, what's the reason to do that? I can't imagine the American people wouldn't rather us be debating Iraq, and what we do about Iraq, debating Iran, debating whether or not we're going to have an energy policy, debating the things that are on the kettle now. And these aren't things that are sort of off on the horizon. They're right in front of us, and we're virtually doing nothing of consequence in the United States Senate.

ROBERTS: So -- s, are you more against the amendment itself or the timing of it?

BIDEN: I'm against the timing of it.

Look, marriage is between a man and a woman. Tell me why that has to be put in the Constitution now? We already have a federal law that has not been challenged. No one's declared it unconstitutional. It's the law of the land, saying marriage is between a man and a woman.

ROBERTS: Correct me if I'm wrong. It has been challenged. It's just, the Supreme Court has never...

BIDEN: Yes, well, I mean, people have challenged it, but it has never been litigated in the courts and decided by the court, meaning it's still the law of the land.

And, look, you know, I think the one thing I agree with Vice President Cheney on, this is a state matter. John McCain says, it's a state matter. If -- it's pretty clear to me that -- that we are not in jeopardy of being overcome by some deluge of, all of a sudden, marriage in America is -- is undermined.

I mean, but what is being undermined, our troops are being undermined. They're being killed. There's no policy. Our -- our security is being undermined. We have no energy policy. Why don't we talk about those things?

ROBERTS: This -- this debate has got some interesting bedfellows. You know, you have conservatives who are critical...

BIDEN: Yes.

ROBERTS: ... of the White House.

You also have Mary Cheney and Russ Feingold both saying that, to pass this amendment, would be to write discrimination into the Constitution. Is this really writing discrimination into the Constitution?

BIDEN: Look, I don't -- I don't know whether it would be writing discrimination into the Constitution.

But it doesn't warrant the Constitution. There's a lot of things that don't need to be in the Constitution. And what we have always -- marriage has always been something we left to the states. We don't pass a federal law saying what age you can be married or not married. States have different ages. We don't pass a federal law telling you the conditions on which you can get married, who can marry you, how you can get married.

ROBERTS: Obviously, Senator, we are going to be talking about this for some time...

BIDEN: We will.

ROBERTS: ... because this is not about to become law.

BIDEN: I know.

ROBERTS: So, it's just going to be...

BIDEN: I know. And think about it.

ROBERTS: ... a matter for political debate.

BIDEN: Think about it. Think. You cover the Congress. Think about how many -- how few days we're going to be in session this year. And name me a year we have more problems facing the country.

(LAUGHTER)

BIDEN: This is -- this is -- it's kind of silly.

ROBERTS: Senator Biden, thanks for your time. Appreciate it.

BIDEN: Thank you. Appreciate it.

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