Marriage Protection Act of 2004

MARRIAGE PROTECTION ACT OF 2004 -- (House of Representatives - July 22, 2004)

Mr. SENSENBRENNER. Mr. Speaker, pursuant to House Resolution 734, I call up the bill (H.R. 3313) to amend title 28, United States Code, to limit Federal court jurisdiction over questions under the Defense of Marriage Act, and ask for its immediate consideration.

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Ms. McCOLLUM. Mr. Speaker, I rise today in strong opposition to H.R. 3313, the Marriage Protection Act. This dangerous bill would severely undermine our constitutional checks and balances and set a precedent that undermines the independence of the federal judiciary.

Republicans in Congress and the Bush Administration know their domestic and foreign policies are failing-so they are changing the subject. The war in Iraq is a quagmire. Our schools under funded. Our seniors are without the prescription drugs they need and millions of Americans are without jobs.

Despite the many challenges facing our nation, the Republicans have chosen to ignore the real needs of the American people. In the process, they are hijacking our constitutional checks and balances and advancing an extreme right-wing agenda.

For years, key decisions by the courts on the social issues of the day, including school prayer, busing, abortion and the Ten Commandments, have been followed by Republican court-stripping bills to remove the court's authority to hear challenges to such important cases. The Marriage Protection Act is just another example of a power grab that extends Republican control from the White House to Congress to the federal judiciary.

This attack on the Judicial Branch's authority to hear cases based on Legislative and Executive actions is in fundamental contrast to the spirit of our democracy and the U.S. Constitution. Appropriately, most legal scholars have agreed that even if this bill was to become law, it would be unconstitutional. The fact that this legislation has advanced far enough to warrant a vote in the full U.S. House should raise alarm to the extent the Republican Majority will go to advance their right wing agenda.

This legislation should be defeated. The House must send a strong message that we reaffirm our constitutional system of checks and balances between the three branches of government, and we support the basic, civil rights of all Americans-regardless of age, gender, race or sexual orientation. We have a responsibility to protect the Constitution, not render it unnecessary.