[Congressional Record Volume 157, Number 31 (Thursday, March 3, 2011)]
[Extensions of Remarks]
[Page E413]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            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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