This bill seeks to utilize the constitutional authority of Congress to limit the jurisdiction of the Federal judiciary to hear cases which may arise as a result of the 1996 Defense of Marriage Act, otherwise known as DOMA. The bill reserves that authority to the States. The bill provides that no Federal court will have the jurisdiction to hear a case arising under DOMA's full faith and credit provision. This provision in DOMA codified that no State would be required to give full faith and credit to a marriage license issued by another State if that relationship is between two people of the same sex. Long-standing Supreme Court precedent recognizes the power of Congress to limit the jurisdiction of courts that it creates. In essence, the bill says no Federal court will have the opportunity to strike down DOMA's full faith and credit provision.
Sue Myrick: “This bill seeks to utilize the constitutional authority of Congress to limit the jurisdiction of the Federal judiciary…”
Editor's note · Context
Discussing the Marriage Protection Act of 2004 and its implications for federal jurisdiction over marriage cases.
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