North Dakota's two senators are against the constitutional amendment banning same-sex marriage.

Sen. Byron Dorgan, D-N.D., said he is opposed to gay marriage and voted for the federal Defense of Marriage Act of 1996, which defines marriage as a legal union between a man and woman and allows states to decide whether they'll recognize same-sex marriages that are performed in other states. The constitutionality of state laws has been questioned, however, because states must recognize each other's legal proceedings.

But Dorgan opposes amending the constitution, which has been done only 17 times in 200 years. He said it should be amended rarely, and as a last resort.

"The issue of preventing same-sex marriage is now being dealt with by individual states in an appropriate manner, including North Dakota, where same sex marriage is not legal," he said in a statement. "That supports the view that I have taken in voting for federal legislation which defines marriage as between one man and one woman."

Sen. Kent Conrad, D-N.D., said his "record to strengthen families, care for children and protect traditional marriage is clear. I believe marriage should be reserved for relationships between a man and a woman."

He, too, voted for the Defense of Marriage Act, which he said has never been successfully challenged in court.

"Amending the Constitution of the United States is an extraordinarily serious step and I do not believe it is necessary in this circumstance," Conrad said in a statement.