FOR IMMEDIATE RELEASE
July 21, 2004
Contact: Josh Freed
(202) 225-4431

WASHINGTON, DC – U.S. Rep. Diana DeGette (D-CO) blasted Rep. John Hostettler’s proposal to ban the federal judiciary from hearing cases concerning the Defense of Marriage Act as an unprecedented assault on the judiciary.

“Our Founding Fathers established clear separation of powers between the three branches of government. Rep. Hostettler and the Republican leadership are trying to dictate to our formerly independent judiciary what cases it can or cannot consider,” said Rep. DeGette. “This is a court-stripping measure that could lead to Congress’s removal of the courts’ jurisdiction any time a controversial measure might come before the federal bench.”

The Hostettler bill would ban any federal court, including the Supreme Court, from having jurisdiction over challenges to the Defense of Marriage Act. This would mark a nearly unprecedented effort by one independent branch of the federal government, the Congress, to limit the jurisdiction of the judiciary branch.

“This is the Republican leadership’s last ditch effort to get a vote on gay marriage in the House to impact the election this fall,” said Rep. DeGette. “We are considering legislation to pre-empt an action that has not taken place. The Defense of Marriage Act, which passed in 1996, is not being challenged. This is a cop out, not a compromise. It is a shame that the Republican leadership feel like they need to keep gay bashing.”

In Federalist Paper 78, Alexander Hamilton defended the need for an independent judiciary. As the only branch of the federal government not swayed by campaigning, Hamilton asserted that it was the branch best able to protect the Constitution from political meddling by the Congress or the President. He also foresaw just the type of action being attempted by Republicans in Congress today, warning “…there is no liberty, if the power of judging be not separated from the legislative and executive powers.”

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