|
Marriage Wins the Day in Congress 7/23/2004 Victory in the House of Representatives shows the battle has only begun With the passage of the Marriage Protection Act (H.R. 3313) in the House of Representatives on Thursday, the effort to protect the integrity of marriage gained its first significant federal legislative victory since 1996. By a solid 233 to 194 margin, the House approved the measure that withdraws federal court jurisdiction from any case challenging the section of the Defense of Marriage Act that prevents the "Full Faith and Credit" clause of the Constitution from being used to force a state to recognize a pseudo-marriage performed in another state.
The practical effect of the Marriage Protection Act, if it becomes law, will be to prevent the federal courts from being used as vectors for the transmission to the rest of the country of the "Massachusetts model" of "marriage" between persons of the same sex. There are already lawsuits pending in several states claiming that those states must recognize such "marriages" under the "Full Faith and Credit" clause of the Constitution (Article IV, Sec. 1). That constitutional provision requires the states to recognize the legal acts of all the other states, but it also specifically empowers Congress to determine the "effect" of such recognition. This power was invoked when Congress passed the Defense of Marriage Act in 1996, but many legal scholars have predicted that, if given the opportunity, some federal judges would nullify that law on the claim that it is "unconstitutional." If the Marriage Protection Act is signed into law, those judges will simply not have that opportunity.
Representative John Hostettler (R-Indiana) introduced the Marriage Protection Act last September, and Concerned Women for America (CWA) was the first organization to express support for it. Nearly all of the bill's 48 co-sponsors were recruited by CWA's volunteer "Project 535" lobbyists, and CWA recommended to House leadership the strategy of getting a vote on this bill before proceeding with any constitutional amendment proposal.
Representative Hostettler praised CWA saying, "I firmly believe that the support, prayers and hard work of Concerned Women for America's staff and members were critical in the passage of the Marriage Protection Act. Your voice was heard!"
The vote on the Marriage Protection Act will substantially aid the grass roots effort to win passage of a constitutional amendment because now citizens have some idea of the political landscape on the marriage issue. While a vote on a constitutional amendment will not be identical to a vote on the Marriage Protection Act, most of those who voted in favor of the Marriage Protection Act may be assumed to support the integrity of marriage. Likewise, most of those who voted against it may be assumed to favor the destruction of marriage through redefinition. With this roll call as a lobbying tool, citizens are in a better position to get pro-amendment commitments from Members who voted "yes," and to change the minds or replace those Members who voted "no."
Coming just a week after the humiliating defeat by the Senate of the Federal Marriage Amendment, this victory will also encourage the grass roots and help office-holders and candidates understand that protecting the integrity of marriage is not a losing cause. This change in outlook is strategically critical after a long and unbroken series of legislative victories by the homosexual lobby over the past several years on issues ranging from adoption to "hate crimes."
In addition, the Marriage Protection Act represents the first time in over a century - possibly the first time ever - that either House of Congress passed legislation specifically and solely directed at limiting the jurisdiction of the federal judiciary. Congress has enacted several laws that limit the jurisdiction of the federal courts, but in virtually every case, this limitation has been part of a larger bill. The direct exercise of its power over the Judicial Branch is a clear sign that Congress is willing to take back its constitutional authority after decades of encroachment by the courts. An even stronger sign of this is that the Marriage Protection Act is just one of at least a half dozen bills pending in the House to check the abuse of power by the courts and restore law-making authority to the Legislative Branch. For that reason, apart from its importance in the struggle to protect marriage, the action of the House in passing the Marriage Protection Act represents a major turning point in the battle to restore constitutional government. The Marriage Protection Act is one step towards reining in the arrogant usurpations of a federal court system that has become mesmerized by its own delusions of grandeur.
TAKE ACTION:
The Senate currently does not have a sponsor for the Marriage Protection Act-so call your senator today and urge him or her to sponsor a Senate version of the Marriage Protection Act. Your Senators are back in your state for the month of August so call their state offices or attend a town hall meeting and urge them to sponsor this vital legislation.
To learn how your Representative voted, click on this link: |
|
Concerned Women for America 1015 Fifteenth St. N.W., Suite 1100 Washington, D.C. 20005 Phone: (202) 488-7000 Fax: (202) 488-0806 |
Feedback / Questions? || Problem with this page? || Archives
