HOUSE COMMITTEE SHOULD REJECT EFFORT TO WEAKEN FEDERAL COURTS, SAYS AMERICANS UNITED Measure Would Undermine A Fair And Independent Judiciary, AU's Lynn Says

Congress should reject efforts to strip the federal courts of their ability to hear cases dealing with the definition of marriage, Americans United for Separation Church and State said today in a letter to a House committee.

The House Judiciary Committee is considering a proposal called the "Marriage Protection Act" (H.R.3313). The bill would strip the federal courts of jurisdiction over legal challenges to the Defense of Marriage Act (DOMA), a federal law passed in 1996 that defines marriage as a relationship between a man and a woman.

DOMA also holds that states are not bound to recognize same-sex marriages that might be legally recognized in other states, which some legal scholars say puts the federal law in conflict with the Constitution's "Full Faith and Credit" clause. That clause says that states shall recognize other states' "public Acts, Records, and judicial Proceedings."

Americans United Executive Director Barry W. Lynn said the bill is the latest effort by the Religious Right to force its social agenda onto the American people and deny them recourse to the courts.

"This bill seeks to deny some Americans access to the federal courts," Lynn said. "It's positively un-American. Every citizen has a right to his or her day in court. It's sad that the Religious Right is willing to shred the Constitution to ensure that marriage in America meets its standards."

Continued Lynn, "This proposal is an affront to the Constitution's mandate for a separation of powers, essentially giving Congress the final say on the Defense of Marriage Act. It would undermine our nation's confidence in fair and independent federal courts"

Lynn said the measure is clearly unconstitutional and urged Congress not to waste time debating it.

In his letter to the House committee, Lynn called for the proposal's defeat.

"The Marriage Protection Act is unconstitutional and represents an attack on our very system of government," Lynn wrote. "Americans United strongly urges you to leave the independence of the federal judiciary intact, respect separation of powers principles underlying our form of government, and reject this misguided bill."

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.