Burton bill would strip federal courts of power to hear same-sex marriage cases

Rep. Dan Burton (R-Ind.) on Thursday introduced the Marriage Protection Act, which would prevent federal courts from hearing cases involving same-sex marriage. The bill is a direct response to the Obama administration's decision not to enforce the Defense of Marriage Act in court.

The Defense of Marriage Act, signed by President Clinton, allows states not to recognize same-sex marriages in other states, and prohibits the federal government from recognizing same-sex marriages. By preventing federal courts from taking cases related to this issue, Burton's bill would avoid a situation in which the Obama administration declines to defend the Defense of Marriage Act in federal court, and effectively leaves the matter to states.

The bill also strips the U.S. Supreme Court of any appellate jurisdiction over these issues.

"Last week, President Obama made an unprecedented decision to declare a federal law unconstitutional and thereby abdicate his own constitutional responsibility to uphold and defend that law," Burton said. "Activist judges, and now an activist president, have been trying to unilaterally define marriage for too long. This issue should instead be decided once and for all by the American people and the states."

Republicans in recent days have sharply criticized the administration's decision not to enforce the law. Rep. Blake Farenthold (R-Texas) on Thursday called the decision a violation of the separation of powers principle in the Constitution, and Rep. Dan Lungren (R-Calif.) warned of oversight activities in the House.

Lungren is a member of the House Judiciary Committee, which as of Friday morning had not scheduled a hearing on the issue or a markup of Burton's bill.

Co-sponsors of Burton's bill are Reps. Todd Akin (R-Mo.), Rodney Alexander (R-La.), Roscoe Bartlett (R-Md.), Joe Barton (R-Texas), Jeb Hensarling (R-Texas), Ralph Hall (R-Texas), Walter Jones (R-N.C.), Jim Jordan (R-Ohio), Doug Lamborn (R-Colo.), Bob Latta (R-Ohio), Ron Paul (R-Texas), Dennis Ross (R-Fla.) and Joe Wilson (R-S.C.).