Litigation

Lawmaker: Bar U.S. Courts From Ruling on Gay Marriage

By Peter Hardin

A bill introduced in the House of Representatives would strip federal courts of authority to hear cases involving same-sex marriage.

Rep. Dan Burton, R-Ind., introduced the measure in response to the Obama administration’s recent decision to no longer defend the federal Defense of Marriage Act in court (see Gavel Grab), according to an article in The Hill newspaper.

“Activist judges, and now an activist president, have been trying to unilaterally define marriage for too long. This issue should instead be decided once and for all by the American people and the states,” Burton said.

His bill also would take away from the Supreme Court  appellate jurisdiction over same-sex marriage issues.

The legislation would, in effect, “avoid a situation in which the Obama administration declines to defend the Defense of Marriage Act in federal court, and [it] effectively leaves the matter to states,” the article reported.

The administration’s decision not to defend the law in court has provoked criticism from Republicans.

If the White House does not revoke its decision, Rep. Trent Franks, R-Ariz., said he would support impeaching Obama and Attorney General Eric Holder, according to a report in the Atlantic.

Former Acting Solicitor General Walter Dellinger, who served in that post between 1996 and 1997, defended Obama’s decision in a New Republic commentary and sharply disagreed with former House Speaker Newt Gingrich, a Republican. Gingrich had said the Obama administration ?didn?t understand the implication that having a president personally suspend a law is clearly unconstitutional,? and he urged defunding of the Attorney General’s office.

You can learn more about court-stripping from Justice at Stake?s issues page on the topic.

Full post as published by The Gavel on March 07, 2011 (boomark / email).