On the recordJuly 22, 2004
Mr. Speaker, to vote in favor of H.R. 3313, I would say that the supporters of the bill have to reach four conclusions: One, they have to decide that Marbury v. Madison was wrongly decided. Some people on the Committee on the Judiciary freely admitted that. You have to agree that when John Marshall wrote, ``If the courts are to regard the Constitution and the Constitution is superior to any ordinary act of the legislature, the Constitution and not such act shall govern the case to which they both apply.'' Secondly, you have to come to the conclusion that DOMA is going to be struck down by this very conservative Supreme Court. Otherwise, why would you be here? If you thought the court was going to uphold it, and I have to tell you, I went back and I looked at some of the speeches. A lot of the debate was whether or not DOMA was constitutional. And, one by one, you stood up and said, oh, it absolutely is, it absolutely is, it absolutely is. So you have to conclude in order to support H.R. 3313 that the Supreme Court is about to strike down DOMA, although I do not know where you get that indication, unless you believe it was violative of the Constitution.
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