House Votes to Protect State Marriage Laws PDF Print E-mail

House Votes to Protect State Marriage Laws

Washington: The U.S. House of Representatives today passed legislation cosponsored by Congressman Ron Paul that will prevent federal judges from imposing gay marriage on the fifty states.  The Marriage Protection Act ensures that activist federal courts cannot force the state of Texas to accept gay marriage licenses issues by other states.

“The Founders never intended for a handful of unelected, unaccountable federal judges to decide social policy for the entire nation,” Paul stated.  “Just as Texas is not required to recognize medical licenses, law licenses, or driving licenses from other states, it ought not be forced to recognize gay marriage licenses granted elsewhere.  Already some same-sex couples have sued in federal court to force the nationwide recognition of their marriages, so the Marriage Protection Act is needed to preserve states’ rights.  Federal judges have flouted the will of the American people for too long, acting as imperial legislators instead of jurists.  The Marriage Protection Act represents a long-overdue exercise of the congressional power to limit and define federal court jurisdiction.”

“The definition of marriage- a union between a man and a woman- can be found in any dictionary,” Paul continued.  “It’s sad that we need government to define an institution that has existed for centuries.  The best approach to complex social problems, as always, is to follow the Constitution.  This means Congress should restrict federal court jurisdiction when necessary, and social matters should be left up to states under the Ninth and Tenth amendments.”

The Lawrence case decided by the Supreme Court last June is a clear example of judicial activism.  The Court determined that Texas has no right to establish its own standards for private sexual conduct, because these laws violated the court’s interpretation of the 14th Amendment.  Rather than adhering to the Constitution and declining jurisdiction over a state matter, the Court decided to stretch the “right to privacy” to justify imposing the justices’ vision on the people of Texas.  Since the Lawrence decision, many Americans have expressed their concern that the Court may next “discover” that state laws defining marriage violate the Court’s wrongheaded interpretation of the Constitution.

Congress has a constitutional responsibility to stop rogue federal judges from using a flawed interpretation of the Constitution to rewrite the laws and traditions governing marriage.  The Marriage Protection Act, if passed by the Senate and signed by the President, will protect the people of Texas from having marriage defined by federal judges rather than the Texas legislature.