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| October 1, 2004 | Christopher Chichester
Press Secretary
202-225-4236
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By: Congressman Lamar Smith
Last week the House of Representatives voted on a bill that amends the Constitution to preserve marriage as between a man and woman. The Marriage Protection Amendment received a majority of votes, but not the two-thirds needed to pass.
However we feel about the subject of marriage, we can still support the Marriage Protection Amendment. That’s because judicial activism in America has reached a crisis.
Today, judges routinely overrule the will of the people, invent so-called rights, and ignore traditional values.
So far, judges have:
• Censored the Pledge of Allegiance in public schools;
• Removed the Ten Commandments from public buildings and parks;
• Banned the acknowledgement of God in public schools;
• Imposed taxes;
• And now they have changed the definition of marriage.
Most Americans simply don’t want judges to dictate a new kind of marriage that is so different from the one that has served so many so well for so long. They want to protect marriage as we know it.
Eleven states have proposed to alter their constitutions or statutes to protect traditional marriage through ballot initiatives. Five states have already done so, with an average of over 70% of the voters wanting to protect marriage.
The Marriage Protection Amendment prevents judges from overruling these popular initiatives. Either we act in Congress, or a few judges will redefine marriage and impose their personal views on the country.
The constitutional amendment process is an integral part of our democratic system. After Congress passes an amendment by a two-thirds majority it is sent to the 50 states. Three-quarters – or 38 states – must pass it in order for the Marriage Protection Act to become the 28th amendment to the constitution.
Passing a constitutional amendment places this debate back where it belongs, with the American people.
It is time to return this debate on society’s core institution to the democratic decision-making process. We should take this decision away from the courts and give it back to the American people.
The future status of marriage has been forced upon the American people in such a way that the only remaining answer is to amend the Constitution of the United States.
This is a difficult issue. There are good people and good intentions on both sides. But it is an issue that we must resolve.
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Congressman Smith is the Chairman of Courts, the Internet and Intellectual Property Subcommittee of the House Judiciary Committee. Read more about Congressman Smith's positions on high technology.
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