Jul 23, 2004  |  By: LOU CHIBBARO JR.  | COMMENTS     

One week after the Senate defeated a proposed constitutional amendment to ban same-sex marriage, the House of Representatives voted 233 to 194 on July 22 to pass a bill that would bar federal courts — including the U.S. Supreme Court — from deciding whether the Defense of Marriage Act is constitutional.

Gay civil rights attorneys said the bill, H.R. 3313, the Marriage Protection Act, appeared unconstitutional and would set a dangerous precedent by altering the balance between the legislative and judicial branches of government.

“The legislation seeks to forever slam shut the federal courthouse doors to gay and lesbian couples challenging an anti-gay federal marriage law,” the American Civil Liberties Union said in a statement.

“Last week, the Senate rejected amending the Constitution, but today the House voted to violate it,” said ACLU legislative counsel Christopher Anders.

In the vote on the Marriage Protection Act, 206 Republicans and 27 Democrats voted for the bill while 176 Democrats, 17 Republicans and one independent voted against it.

While disappointed in the outcome, gay activists were quick to point out that the 233 vote total in favor of the bill fell significantly short of the 290 votes needed by the House to pass the proposed constitutional amendment banning gay marriage.

"On the positive side, 194 members of Congress rejected this mean-spirited, divisive, disgusting and clearly unlawful bill," said Matt Foreman, executive director of the National Gay & Lesbian Task Force.

The House approval of the bill appears to confirm the view of its sponsors that, while many lawmakers are unwilling to back a constitutional amendment to ban gay marriage, they have no qualms about supporting a bill that bans federal courts from forcing individual states to recognize gay marriages.

Gay civil rights leaders were expected to turn their attention to the Senate, with the hope of persuading a majority of senators to defeat the bill. President Bush was expected to sign the legislation if the Senate joins the House in passing it.

Wisconsin Congressman James Sensenbrenner, the Republican chair of the House Judiciary Committee, said the bill was needed to ensure that federal courts don't force states to recognize same-sex marriages performed in other states. The measure was approved by the committee on July 14.

"Integral to the American constitutional system is each branch of government's responsibility to use its powers to prevent overreaching by the other branch," Sensenbrenner said.

But gay rights attorney Paul Smith, who successfully argued the Lawrence vs. Texas Supreme Court case, which overturned state sodomy laws, said the scope of the proposed law was unprecedented because it targets gay citizens as a single minority group.

"If you deny the Supreme Court the power to decide minority rights, you dramatically alter the balance of power between the court, which exists to protect constitutional rights, and the Congress, which addresses political issues," Smith said.

The House approval of the legislation came on the same day that an independent federal commission studying the Sept. 11, 2001 terrorist attacks released its final report, which criticized Congress and the Bush and Clinton administrations for not doing enough to prevent terrorist strikes on the United States.

“Congress today was sent an historic message to focus on terrorism and it focused on discrimination instead,” said Cheryl Jacques, president of the Human Rights Campaign, the nation’s largest gay political group.

“We will work to ensure that this measure is soundly rejected in the Senate,” Jacques said.

Among those speaking out against the bill, during a two-hour debate on the House floor, were gay Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.).

“It is a terrible mistake to strip one branch of government of the power to review laws,” Baldwin said.

Gay Rep. Jim Kolbe (R-Ariz.), the only gay Republican member of Congress, voted against the bill, although he did not make remarks on the legislation on the House floor.

No D.C. DOMA
The House vote on the Marriage Protection Act took place two days after the House passed D.C.'s fiscal year 2005 appropriations bill without adding an amendment banning the District from legalizing same-sex marriage.

On July 7, Rep. Jo Ann Davis (R-Va.) introduced a bill that would prohibit D.C. from legalizing same-sex marriage or recognizing same-sex marriages from other states. Capitol Hill observers expected Davis and House GOP leaders to attempt to attach the Davis bill to the D.C. appropriations bill this week.

To the surprise of gay activists, House Majority Leader Tom DeLay (R-Texas), a strong opponent of gay rights, persuaded Davis and other House Republicans not to attach Davis' bill to the D.C. appropriations measure. According to the Washington ...