pointedly_anon ([info]pointedly_anon) wrote,

But the Horse isn't so dead

While everybody was looking at and breathing easily over the retardedness of the FMA over in the Senate, the House has been up to some suspicious works.

Could everybody turn their heads and look at exhibit a: H.R. 3313:


A BILL

To amend title 28, United States Code, to limit Federal court jurisdiction over questions under the Defense of Marriage Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Marriage Protection Act of 2003'.

SEC. 2. LIMITATION ON JURISDICTION.

(a) IN GENERAL- Chapter 99 of title 28, United States Code, is amended by adding at the end the following:

`Sec. 1632. Limitation on jurisdiction

`No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or determine any question pertaining to the interpretation of section 1738c of this title or of this section. Neither the Supreme Court nor any court created by Act of Congress shall have any appellate jurisdiction to hear or determine any question pertaining to the interpretation of section 7 of title 1.'.

(b) AMENDMENT TO TABLE OF SECTIONS- The table of sections at the beginning of chapter 99 of title 28, United States Code, is amended by adding at the end the following new item:

`1632. Limitation on jurisdiction.'.


Note, Section 7 of title 1 is the section from DOMA, which defines marriage as a union between a man and a woman, as well as it defines spouse as somebody of the opposite sex, be it man or woman.

While this does not put anything into the constitution, which should be held with utmost regard, even moreso than the US Code, it does restrict the hands of the Courts.

This, in effect, prevents the repeal of DOMA. Period. It would need to be repealed by an act of congress, because the supreme court could not even determine the un-constitutionality of it, if it gets challenged.

For, you see, its all about those "activist" judges who want to change and pervert the idea of marriage, not the 5-time divorced senators who reap all of the medical and tax benefits allotted to them and their spouses.

Write to your Representatives, and express your opinion on how the power is again attempted to be taken away from the Judiciary branch, and the state branch, and put into the federal government.

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  • 2 comments

Anonymous

July 31 2004, 01:19:32 UTC 7 years ago

I have not had much time to keep up with Congressional efforts to sideline activist judges, some of whom have dared to instruct the Legislature in the State of Massachussets in which laws said Legislature - beholden to the people - must pass, and by which date.

Seems like a wonderful effort.
Amending the Constitution is not my cup of tea, either.

It would be interesting to see if activist courts now challenge the authority of the Legislature in restricting judicial oversight and review of US law.

Anonymous

July 31 2004, 01:20:13 UTC 7 years ago

BTW, I'm Vic
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