NOM BLOG

State's Rights and the Defense of Marriage

 

The battle to defend marriage, and the faith communities that sustain it, is increasingly coming down to one’s view of the Constitution and particularly what the Founding Fathers intended as the balance between state’s rights and the powers of the federal government.  Activist judges and an overreaching Obama administration continue to attempt to curtail the right of states to define marriage as they see fit.

Judicial ActivismHowever, Jennifer Hickey of Newsmax wrote yesterday reminding each of us that protection of state’s rights continues to gain supporters in the US House of Representatives.  She reports on Congressman Weber’s (R-TX) “State Marriage Defense Act” and the growing number of co-sponsors the bill has.

Congressman Weber introduced the bill so that,

If state law recognizes two people as married, federal law will recognize them as married; if state law does not recognize them as married, federal law will not recognize them as married.

"We do not want to apply Massachusetts law in Texas, any more than Massachusetts wants Texas law applied there," U.S. Rep. Randy Weber, who in January introduced the State Marriage Defense Act of 2014, told Newsmax.

The Texas Republican's legislation currently has 38 co-sponsors and is supported by the Family Research Council, National Organization for Marriage, Ethics & Religious Liberty Commission, U.S. Conference of Catholic Bishops, Concerned Women for America, and Heritage Action.

The congressman acted in the wake of widespread confusion among states on how to react to the Supreme Court's decision last year to strike down parts of the federal Defense of Marriage Act.

Weber said his bill would "provide clarity to federal agencies seeking to determine who qualifies as a spouse for the purpose of federal law.

Congressman Randy Weber (R-TX)

"This legislation is not about denying anyone the right to marry, but it is a states' rights issue with the goal of helping to clarify the confusion among federal and state agencies."

Ryan Anderson of The Heritage Foundation told Newsmax, “[T]hat Weber's bill protects ‘the sovereign authority of states to recognize marriage as they see fit. It does not say what marriage has to be defined as in any particular state. I do think the Justice Department's decision to ignore the Utah law highlights the need for this law.’”

The State Marriage Defense Act will "restore proper legal order to the scene and correct the administration's unlawful practice," Notre Dame law professor Gerald Bradleywrote, saying that federal agencies "have no inherent legal authority to define marriage. Neither does the president or his attorney general, so long as Congress has exercised its paramount authority to do so."

To urge your Congressman to support the State Marriage Defense Act, follow this link and send her or him an email.