Marriage Protection Act of 2004 Moves Forward

Congress approved legislation on July 22 that aims to strip the federal courts of the ability to decide cases challenging the federal Defense of Marriage Act. Proponents of the largely Republican-backed bill, the Marriage Protection Act of 2004 (H.R. 3313), indicate it is necessary to keep federal courts from invalidating the part of the act that says states can't be forced to recognize same-sex marriages entered into in other states. They say state courts should be the exclusive forums for challenges to the act because states have traditionally decided who shall be allowed to marry within their jurisdictions. Rep. John Hostettler (R-IN), the bill's sponsor, said after the House Judiciary Committee approved the bill July 14, “I'm pleased that the Committee took this action to prevent the federal courts from imposing homosexual marriages on Indiana and other states. The Committee recognized the constitutional right of Congress to determine the jurisdiction of federal courts. This bill will protect the right of states to define marriage without interference from the federal judiciary.” Hostettler dismisses constitutional separation of powers challenges to the proposed law, saying, “Article I, Section 8 and Article III Sections 1 and 2 of the Constitution grant Congress explicit and exclusive authority to create the inferior federal courts, regulate their jurisdiction and regulate the appellate jurisdiction of the Supreme Court.”