U.S. Rep. Ron Paul | Defense of Marriage Act |
Defense of Marriage Act
Protecting Marriage from Judicial Tyranny
July 22, 2004 2004 Ron Paul 64:6
In 1996 Congress exercised its authority under the full faith and credit clause of Article IV of the Constitution by passing the Defense of Marriage Act. This ensured each state could set its own policy regarding marriage and not be forced to adopt the marriage policies of another state. Since the full faith and credit clause grants Congress the clear authority to “prescribe the effects” that state documents such as marriage licenses have on other states, the Defense of Marriage Act is unquestionably constitutional. However, the lack of respect federal judges show for the plain language of the Constitution necessitates congressional action so that state officials are not forced to recognize another states’ same-sex marriage licenses because of a flawed judicial interpretation. The drafters of the Constitution gave Congress the power to limit federal jurisdiction to provide a check on out-of-control federal judges. It is long past time we begin using our legitimate authority to protect the states and the people from judicial tyranny.
Defense of Marriage Act
Protecting Marriage from Judicial Tyranny
July 22, 2004 2004 Ron Paul 64:7
Since the Marriage Protection Act requires only a majority vote in both houses of Congress (and the president’s signature) to become law, it is a more practical way to deal with this issue than the time-consuming process of passing a constitutional amendment. In fact, since the Defense of Marriage Act overwhelmingly passed both houses, and the president supports protecting state marriage laws from judicial tyranny, there is no reason why the Marriage Protection Act cannot become law this year.
Defense of Marriage Act
Cultural Conservatives Lose if Gay Marriage is Federalized
September 30, 2004 2004 Ron Paul 73:3
If I were in Congress in 1996, I would have voted for the Defense of Marriage Act, which used Congress’s constitutional authority to define what official state documents other states have to recognize under the Full Faith and Credit Clause, to ensure that no state would be forced to recognize a “same sex” marriage license issued in another state. This Congress, I was an original cosponsor of the Marriage Protection Act, HR 3313, that removes challenges to the Defense of Marriage Act from federal courts’ jurisdiction. If I were a member of the Texas legislature, I would do all I could to oppose any attempt by rogue judges to impose a new definition of marriage on the people of my state.
Defense of Marriage Act
Cultural Conservatives Lose if Gay Marriage is Federalized
September 30, 2004 2004 Ron Paul 73:4
Having studied this issue and consulted with leading legal scholars, including an attorney who helped defend the Boy Scouts against attempts to force the organization to allow gay men to serve as scoutmasters, I am convinced that both the Defense of Marriage Act and the Marriage Protection Act can survive legal challenges and ensure that no state is forced by a federal court’s or another state’s actions to recognize same sex marriage. Therefore, while I am sympathetic to those who feel only a constitutional amendment will sufficiently address this issue, I respectfully disagree. I also am concerned that the proposed amendment, by telling the individual states how their state constitutions are to be interpreted, is a major usurpation of the states’ power. The division of power between the federal government and the states is one of the virtues of the American political system. Altering that balance endangers self-government and individual liberty. However, if federal judges wrongly interfere and attempt to compel a state to recognize the marriage licenses of another state, that would be the proper time for me to consider new legislative or constitutional approaches.
Defense of Marriage Act
Cultural Conservatives Lose if Gay Marriage is Federalized
September 30, 2004 2004 Ron Paul 73:5
Conservatives in particular should be leery of anything that increases federal power, since centralized government power is traditionally the enemy of conservative values. I agree with the assessment of former Congressman Bob Barr, who authored the Defense of Marriage Act:
Defense of Marriage Act
Marriage Protection Amendment
18 July 2006 2006 Ron Paul 58:3
If I were in Congress in 1996, I would have voted for the Defense of Marriage Act, which used Congress’s constitutional authority to define what official state documents other states have to recognize under the Full Faith and Credit Clause, to ensure that no state would be forced to recognize a “same sex” marriage license issued in another state. This Congress, I am an original cosponsor of the Marriage Protection Act, H.R. 1100, that removes challenges to the Defense of Marriage Act from federal courts’ jurisdiction. If I were a member of the Texas legislature, I would do all I could to oppose any attempt by rogue judges to impose a new definition of marriage on the people of my state.
Defense of Marriage Act
Marriage Protection Amendment
18 July 2006 2006 Ron Paul 58:4
Having studied this issue and consulted with leading legal scholars, including an attorney who helped defend the Boy Scouts against attempts to force the organization to allow gay men to serve as scoutmasters, I am convinced that both the Defense of Marriage Act and the Marriage Protection Act can survive legal challenges and ensure that no state is forced by a federal court’s or another state’s actions to recognize same sex marriage. Therefore, while I am sympathetic to those who feel only a constitutional amendment will sufficiently address this issue, I respectfully disagree. I also am concerned that the proposed amendment, by telling the individual states how their state constitutions are to be interpreted, is a major usurpation of the states’ power. The division of power between the federal government and the states is one of the virtues of the American political system. Altering that balance endangers self-government and individual liberty. However, if federal judges wrongly interfere and attempt to compel a state to recognize the marriage licenses of another state, that would be the proper time for me to consider new legislative or constitutional approaches.
Defense of Marriage Act
Marriage Protection Amendment
18 July 2006 2006 Ron Paul 58:5
Conservatives in particular should be leery of anything that increases federal power, since centralized government power is traditionally the enemy of conservative values. I agree with the assessment of former Congressman Bob Barr, who authored the Defense of Marriage Act:
Defense of Marriage Act
Gay Marriage Quicksand
01 March 2004 Texas Straight Talk 01 March 2004 verse 6 ... Cached
But the Defense of Marriage Act, passed in 1996, explicitly authorizes states to refuse to recognize gay marriages performed in other states. Furthermore, the Supreme Court repeatedly has interpreted the Full Faith and Credit clause to allow Congress to limit the effect of state laws on other states. In fact, federal courts almost universally apply the clause only to state court judgments, not statutes. So a constitutional amendment is not necessary to address the issue of gay marriage, and will only drive yet another nail into the coffin of federalism. If we turn regulation of even domestic family relations over to the federal government, presumably anything can be federalized.
Defense of Marriage Act
Resisting Judicial Tyranny
26 July 2004 Texas Straight Talk 26 July 2004 verse 2 ... Cached
The US House passed the Marriage Protection Act last week, a bill designed to ensure that the “full faith and credit” clause of the Constitution is not used to impose gay marriage on Texas or any other state. You may remember Congress passed the Defense of Marriage Act in 1996, which explicitly authorizes states to refuse recognition of gay marriages performed in other states. However, the lack of respect federal judges show for the plain language of the Constitution necessitated further congressional action. The Act underscores an important legal point: Marbury vs. Madison did not alter the congressional power to regulate and limit federal court jurisdiction, which is plainly stated in Article III. The drafters of the Constitution gave Congress the power to limit federal jurisdiction to provide a check on out-of-control federal judges. In other words, the federalist concept of checks and balances applies to the judiciary just as it does to the legislative and executive branches. The Marriage Protection Act represents a long-overdue exercise of the congressional power to limit and define federal court jurisdiction.
Defense of Marriage Act
Resisting Judicial Tyranny
26 July 2004 Texas Straight Talk 26 July 2004 verse 6 ... Cached
Since the Marriage Protection Act requires only a majority vote in both houses of Congress and the president’s signature to become law, it is a more practical way to deal with the gay marriage issue than the time-consuming process of passing a constitutional amendment. In fact, since the Defense of Marriage Act overwhelmingly passed both houses, there is no reason why the Marriage Protection Act cannot become law this year.
Texas Straight Talk from 20 December 1996 to 23 June 2008 (573 editions) are included in this Concordance. Texas Straight Talk after 23 June 2008 is in blog form on Rep. Paul’s Congressional website and is not included in this Concordance.
Remember, not everything in the concordance is Ron Paul’s words. Some things he quoted, and he added some newspaper and magazine articles to the Congressional Record. Check the original speech to see.