The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“INTRODUCING THE MARRIAGE PROTECTION ACT OF 2011” mentioning the U.S. Dept. of Justice was published in the Extensions of Remarks section on pages E413 on March 3, 2011.
The publication is reproduced in full below:
INTRODUCING THE MARRIAGE PROTECTION ACT OF 2011
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HON. DAN BURTON
of indiana
in the house of representatives
Thursday, March 3, 2011
Mr. BURTON of Indiana. Mr. Speaker, last week, President Obama made an unprecedented decision to declare a Federal law unconstitutional and thereby abdicate his responsibility to uphold and defend that law.
The law in question is the 1996 ``Defense of Marriage Act'' written
``to define and protect the institution of marriage.'' It allows all states, territories, possessions, and Indian tribes to refuse to recognize an act of any other jurisdiction that designates a relationship between individuals of the same sex as a marriage.
This law was properly passed by the U.S. House of Representatives and the United States Senate and properly signed by then-President Clinton. The law was passed to reflect the desire of the American people that we clarify the meaning of ``marriage'' so that the definition of the word could not be changed by activist judges.
The Constitution of the United States grants certain powers to the President, but not the power to unilaterally legislate based on personal preference. The power to legislate was given specifically to the Congress and it is Congress' responsibility to pass or repeal legislation. Neither does the Constitution of the United States grant courts the power to legislate, although many activist judges have attempted to redefine the legal definition of marriage through the judicial process.
Furthermore, the Constitution does not grant the Federal government the power to regulate marriage. In fact, the Tenth Amendment specifically states: ``The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people.'' The responsibility to regulate marriage properly belongs to the people of the various States and it is time for us to return that power to the people.
That is why I, along with a number of my colleagues, am today reintroducing the Marriage Protection Act of 2011. This bill simply states that no courts created by an act of Congress--meaning Federal courts--will have jurisdiction to hear cases regarding same-sex marriage. Additionally, the Supreme Court will not have appellate jurisdiction to hear these cases. In short, the bill makes same-sex marriage an issue to be determined by the people through their State legislatures or via referendum, not to be determined by Federal judges.
If this bill is passed then no President, Justice Department official, or Judge will be allowed to unilaterally define marriage. Only the people will have the power to decide the definition of marriage.
I urge my colleagues to co-sponsor this important and timely bill.
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