Marriage Protection Act of 2004

MARRIAGE PROTECTION ACT OF 2004 -- (House of Representatives - July 22, 2004)

Mr. SENSENBRENNER. Mr. Speaker, pursuant to House Resolution 734, I call up the bill (H.R. 3313) to amend title 28, United States Code, to limit Federal court jurisdiction over questions under the Defense of Marriage Act, and ask for its immediate consideration.

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Mr. BLUMENAUER. It is my intention, Mr. Speaker, to elaborate on the point that was just made.

I have been listening to the debate. I have not heard my colleagues here say that this is unconstitutional. The point is the legislation the gentleman cited, the World War II Memorial, the timber legislation, exempted from judicial review under the terms of the specific act. As in Campaign Finance Reform it did not preclude challenges against the constitutionality of the legislation in question. That is legitimate use of congressional legislative authority.

What you are doing is not adjusting an act. You are saying we are not going to be able to deal with whether or not the laws in question are constitutional. That has never happened before.

I heard the gentleman from Nebraska (Mr. Osborne) here a couple of moments ago talk about his lifetime of working with young people. I just left 50 young volunteers who are working in Washington, D.C. neighborhoods. As we were leaving, one of the young women said she woke up this morning listening to what we were going to be debating here today. It made no sense to her and asked, is there any argument that this is being done other than pure political motivation?

This was, I thought, a very perceptive young woman. Her question, I think, answered itself, and I hope we are not to be guilty of undermining these young people's confidence in our activities.