News Flash

House of Representatives Monkeys with U.S. Constitution

(Washington, DC, July 23, 2004) Yesterday the Marriage Protection Act passed in the House of Representatives by a disturbing 233 to 194 vote. This bill would deny federal courts, including the Supreme Court, the right to hear any case challenging the Defense of Marriage Act (DOMA). Since DOMA forbids federal recognition of same-sex marriage, this new legislation, if it becomes law, would effectively prevent an entire class of American citizens from accessing the federal courts to review and interpret their constitutional rights.

Beyond depriving same-sex couples hundreds of rights currently granted to opposite-sex couples under federal law, Congress has seriously compromised the separation of powers by preventing the federal courts from reviewing and interpreting the constitutionality of a statutory law. The judiciary is designed to serve as a necessary check on the actions of Congress without exception. In the past, Congress has proposed similar court stripping bills targeted at hot-button social issues, including bussing, abortion, and school prayer, but has always rightly shown deference to equal protection, due process, and separation of powers -- principles that are fundamental to the character of our country. Thus, concern over the passage of this bill reverberates to a wide range of groups, including the AHA, which advocates on issues that could be the next target for immunity from judicial review.

Constitutional lawyer, and AHA president Mel Lipman summarized, "This bill compromises the long held American legal principles of equal protection, due process, and separation of powers."

Press Room