[Congressional Record Volume 154, Number 80 (Thursday, May 15, 2008)]
[House]
[Pages H4052-H4053]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                MARRIAGE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Georgia (Mr. Broun) is recognized for 5 minutes.
  Mr. BROUN of Georgia. Mr. Speaker, earlier today the California 
Supreme Court threw aside the voice and the express will of millions of 
California voters by overturning California's State law that banned 
same-sex marriage.
  Effectively this ruling allows same-sex couples in our Nation's most 
populous State the right to marry and affords them all the privileges 
that go along with this sacred union. And I say that rulings like this 
are one of the reasons why the institution of marriage is crumbling 
before our very eyes. And I, for one, am very sad to see this happen.
  The main issue is whether the status of marriage will be determined 
by judges or by the American people. I'm extremely concerned about how 
activists use the courts to legislate on something that has been 
settled in American law for more than 200 years. Furthermore, the 
people of California made it abundantly clear back in 2000 that they 
reject same-sex marriage.
  Then comes along four judges who apparently believe that they're 
wiser than over 4\1/2\ million voters in their State. Proposition 22 
got over 61 percent of the vote; yet it was dismissed by four lone 
dictators.
  I condemn this ruling in the strongest possible way. I condemn it 
because the court is legislating from the bench. I condemn it because 
it is a reprehensible action that is not consistent with history or 
with common sense.
  This lunacy is precisely the reason why a Federal constitutional 
amendment is needed to protect traditional marriage. This decision will 
undoubtedly become the platform for spreading this unfounded ruling 
across the Nation.
  On the Federal stage, there's a constitutional remedy for Federal 
judges

[[Page H4053]]

that are involved in this type of activist behavior and legislating 
from the bench. Every single Federal judge takes an oath to uphold the 
Constitution. When they fail to do so and let their own whims and 
ideological positions interfere with applying the Constitution, not 
interpreting but applying, these judges have failed to fulfill their 
term of good behavior, and they should be fired by impeachment.
  Likewise Californians that are outraged, like I am, should be up in 
arms and should take action to initiate a referendum to pass a State 
constitutional amendment to enforce their will and overturn these 
judges' despicable opinions, and these judges deserve to be censured or 
sent home for bad behavior.

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