The Republican-led House voted Thursday to prevent federal courts from ordering states to recognize gay marriages sanctioned by other states.
The Marriage Protection Act was adopted by a 233-194 vote, buoyed by backing from the Bush administration. Last week, the Senate dealt gay marriage opponents a setback by failing to advance a constitutional amendment to ban same-sex unions.
Federal judges, unelected and given lifetime appointments, “must not be allowed to rewrite marriage policy for the states,” Rep. Sue Myrick, R-N.C., said.
Democrats said the bill was an election-year distraction, calling it an unconstitutional attack on gays in America and the federal judiciary. They said it would set a precedent that Congress could use to shield any future legislation from federal judicial review.
“They couldn’t amend the Constitution last week so they’re trying to desecrate and circumvent the Constitution this week,” Rep. Jim McGovern, D-Mass., said.
The legislation faces long odds in the closely divided Senate, but were it to become law, gays and lesbians seeking to have their marriages recognized could seek help only from state courts.
The legislation would strip the Supreme Court and other federal courts of their jurisdiction to rule on challenges to state bans on gay marriages under a provision of the 1996 federal Defense of Marriage Act. That law defines marriage as between a man and a woman, and says states are not compelled to recognize gay marriages that take place in other states.