Marriage Protection Act
Encyclopedia
The Marriage Protection Act (MPA) is a bill in the United States Congress
to amend the federal judicial code to deny federal courts
jurisdiction to hear or decide any question pertaining to the interpretation of the Defense of Marriage Act
(DOMA) or the MPA. Originally introduced in 2003 as , the Republican-controlled 108th Congress passed it in the House in 2004, but not in the Senate.
, governing the judiciary and judicial procedures, to read:
forbids requiring any state or equivalent government to credit a same-sex relationship treated as marriage in another state or equivalent government, as codified by passage of DOMA.
(R
–IN
) and immediately referred to the House Committee on the Judiciary. The bill was co-sponsored by Ron Paul
of Texas
. The committee considered the proposal on July 14, 2004, and subsequently amended the Act, which was then placed on the House Calendar
on July 19, 2004. On July 21, 2004, the House Rules Committee provided rules for consideration of the Act. On July 22, 2004, the rules were accepted by the House and the Act was immediately considered. The Act passed the House by 233 yea to 194 nay votes.
The bill was handed to the Senate, where it was received and referred to the Senate Judiciary Committee on September 7, 2004. It died in committee, and was reintroduced by Hostettler as in the 109th Congress on March 3, 2005, referred to the House Judiciary Committee, and passed on to the Subcommittee on Courts, the Internet, and Intellectual Property on April 4, 2005; it then had 76 cosponsors. It again died in committee and was reintroduced, this time by Dan Burton
(R
–IN
) as in the 110th United States Congress
, on January 30, 2007, with 50 cosponsors. Since March 1, 2007, it has rested with the United States House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties
, and died when the 110th Congress ended. It was reintroduced again by Burton in the 111th Congress on March 3, 2009 as and was referred to the Subcommittee on Courts and Competition Policy.
. Joanna Grossman, writing for FindLaw
, emphasized "the need for the federal courts to weigh in", rather than for states to continue making a public-policy exception when deciding the status of same-sex relationship
s independently of the decisions of other states, as states have in fact been permitted to do in the case of incest
uous marriages. The Act was designed to protect DOMA by prohibiting federal courts from hearing cases like that of Nancy Wilson
, who sued to have her relationship with Paula Schoenwether treated as marriage in Florida
because it had been treated as marriage in Massachusetts
(in that case, the federal court upheld DOMA in that jurisdiction).
The U.S. Constitution permits Congress to make "Exceptions" to court jurisdiction. The degree to which such exceptions may undermine federal separation of powers
, the Equal Protection Clause
, or the Due Process Clause, may render the MPA unconstitutional, according to Grossman.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to amend the federal judicial code to deny federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
jurisdiction to hear or decide any question pertaining to the interpretation of the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
(DOMA) or the MPA. Originally introduced in 2003 as , the Republican-controlled 108th Congress passed it in the House in 2004, but not in the Senate.
Text of proposed code
As agreed to by the House of Representatives, the Act would have added Section 1632 to Chapter 99 in Part IV of Title 28 of the United States CodeTitle 28 of the United States Code
Title 28 is the portion of the United States Code that governs the federal judicial system.It is divided into six parts:* Part I: Organization of Courts* Part II: Department of Justice...
, governing the judiciary and judicial procedures, to read:
forbids requiring any state or equivalent government to credit a same-sex relationship treated as marriage in another state or equivalent government, as codified by passage of DOMA.
Major actions
On October 16, 2003, the bill was introduced in the House of Representatives by John HostettlerJohn Hostettler
John Nathan Hostettler , was a Republican candidate for the open U.S. Senate seat in the state of Indiana held by retiring Senator Evan Bayh. On December 3, 2009, Hostettler announced his candidacy for the U.S. Senate, but lost to former Senator Dan Coats.Hostettler served in the U.S...
(R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
–IN
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
) and immediately referred to the House Committee on the Judiciary. The bill was co-sponsored by Ron Paul
Ron Paul
Ronald Ernest "Ron" Paul is an American physician, author and United States Congressman who is seeking to be the Republican Party candidate in the 2012 presidential election. Paul represents Texas's 14th congressional district, which covers an area south and southwest of Houston that includes...
of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. The committee considered the proposal on July 14, 2004, and subsequently amended the Act, which was then placed on the House Calendar
House Calendar
The House Calendar is a calendar in the United States House of Representatives that schedules major bills which don't involve money. The calendar can also be defined as a list of all bills reported from committee and eligible for floor action, except bills pertaining to taxation and spending.-See...
on July 19, 2004. On July 21, 2004, the House Rules Committee provided rules for consideration of the Act. On July 22, 2004, the rules were accepted by the House and the Act was immediately considered. The Act passed the House by 233 yea to 194 nay votes.
The bill was handed to the Senate, where it was received and referred to the Senate Judiciary Committee on September 7, 2004. It died in committee, and was reintroduced by Hostettler as in the 109th Congress on March 3, 2005, referred to the House Judiciary Committee, and passed on to the Subcommittee on Courts, the Internet, and Intellectual Property on April 4, 2005; it then had 76 cosponsors. It again died in committee and was reintroduced, this time by Dan Burton
Dan Burton
Danny "Dan" Lee Burton is the U.S. Representative for , and previously the , serving since 1983. He is a member of the Republican Party....
(R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
–IN
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
) as in the 110th United States Congress
110th United States Congress
The One Hundred Tenth United States Congress was the meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the second term of President George W. Bush. It was composed of the Senate and the House of...
, on January 30, 2007, with 50 cosponsors. Since March 1, 2007, it has rested with the United States House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties
United States House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties
The Subcommittee on the Constitution is one of five subcommittees of the United States House Committee on the Judiciary.-Jurisdiction:According to the official website:...
, and died when the 110th Congress ended. It was reintroduced again by Burton in the 111th Congress on March 3, 2009 as and was referred to the Subcommittee on Courts and Competition Policy.
Analysis
The Act raises Constitutional questions in relation to the Full Faith and Credit ClauseFull Faith and Credit Clause
The Full Faith and Credit Clause is the familiar name used to refer to Article IV, Section 1 of the United States Constitution, which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." According to...
. Joanna Grossman, writing for FindLaw
FindLaw
FindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen and Tim Stanley in 1995, and was acquired by Thomson West in 2001....
, emphasized "the need for the federal courts to weigh in", rather than for states to continue making a public-policy exception when deciding the status of same-sex relationship
Same-sex relationship
A same-sex relationship is a relationship between two persons of the same sex and can take many forms, from romantic and sexual, to non-romantic close relationships. The term is mainly associated with gay and lesbian people...
s independently of the decisions of other states, as states have in fact been permitted to do in the case of incest
Incest
Incest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...
uous marriages. The Act was designed to protect DOMA by prohibiting federal courts from hearing cases like that of Nancy Wilson
Nancy Wilson (religious leader)
The Reverend Elder Nancy L. Wilson is an American cleric who serves as the current Moderator of the Universal Fellowship of Metropolitan Community Churches ....
, who sued to have her relationship with Paula Schoenwether treated as marriage in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
because it had been treated as marriage in Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
(in that case, the federal court upheld DOMA in that jurisdiction).
The U.S. Constitution permits Congress to make "Exceptions" to court jurisdiction. The degree to which such exceptions may undermine federal separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
, the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
, or the Due Process Clause, may render the MPA unconstitutional, according to Grossman.
See also
- Jurisdiction strippingJurisdiction strippingJurisdiction stripping, also called curtailment of jurisdiction or court stripping, refers to the congressional practice of defining the jurisdiction of the United States federal judiciary as to eliminate its ability to hear certain classes of claims, thereby making certain legislative or executive...
- Federal Marriage AmendmentFederal Marriage AmendmentThe Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
- LGBT rights in the United States
- Same-sex relationshipSame-sex relationshipA same-sex relationship is a relationship between two persons of the same sex and can take many forms, from romantic and sexual, to non-romantic close relationships. The term is mainly associated with gay and lesbian people...
s - We the People Act