This bill (H.R. 3313) would protect marriage from judicial activism by restricting the federal courts as opposed to amending the Constitution. Specifically, H.R. 3313 would stipulate that “no court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction” to interpret, or rule on the constitutionality of, Title 28, Section 1738C of the U.S. Code. Section 1738C states that no state, territory, or possession of the U.S “shall be required to give effect” to same-sex “marriages” performed under the laws of another state, territory, or possession.
H.R. 3313 would not prohibit the federal courts from hearing all same-sex “marriage” cases, since it is narrowly worded. A more broadly written measure would have been better. Nevertheless, H.R. 3313 would be a step in the right direction.
The House passed H.R. 3313 on July 22, 2004 by a vote of 233 to 194 (Roll Call 410). We have assigned pluses to the yeas because H.R. 3313 would help protect marriage via a long-neglected congressional check on the federal judiciary.
