Now for HR4892
| August 1st, 2004Distracted by HR3313 and the FMA, I missed HR4892, “The Family Marriage Law”:
The National Marriage Law defines marriage in the United States for all purposes as consisting of solely the union of a man and a woman. The bill also limits original jurisdiction, so only the U.S. Supreme Court could hear challenges to the law.
This bill was introduced by Ernest Istook (R-OK) and 35 others on July 22. Evidently, it was a back up plan — introduced just in case the Family Marriage Amendment failed to pass.
In “Is Rep. Istook trying to overrule Marbury v. Madison?“, Eugene Volokh seems dubious about the constitutionality of granting original jurisdiction to the Supreme Court. He is puzzled by the bill’s other provisions and language. He concludes:
If this sounds confusing, I think that’s just because the statute is so awfully drafted. Or am I missing something?
Anti-marriage equality congressional representatives sure are creative. I’m not sure what they’ll try next, but I predict we’ll see anti-equality bill HRWXYZ soon.
August 1st, 2004 at 9:08 pm
I am guessing that they are trying to hedge their bets that bush gets another term, and his right wing/neocon base can appoint supreme court justices. I, for one, don’t like the wording of this one at all.
This comment was written by spot.Report this comment to the moderators
August 2nd, 2004 at 6:05 am
I’m just intrigued.
HR3313 would limit the jurisdiction to States only. That is definitely consistent with states rights, but may or may not be constitutional. It could lead to confusion.
This bill would not permit states to rule. That’s definitely inconsistent with State’s rights. It would also remove jurisdiction from lower courts — which Volokh thinks is not permitted. On the other hand, it could result in swift decisions at the Supreme Court.
We saw two version of an amendement. We already have DOMA.
I’m just waiting to see how many variations of jurisdiction stripping, and law writing the opponents can propose.
This comment was written by lucia.Report this comment to the moderators