MARRIAGE PROTECTION ACT Lily Zhang Sabrina Tan

GENERAL INFORMATION  WHAT IS IT?-the act amends the federal judicial code to deny federal courts jurisdiction to hear or decide any question pertaining to the interpretation, or the validity under the Constitution, of the provision of the Defense of Marriage Act declaring that no state shall be required to give effect to any marriage between persons of the same sex under the laws of any other state  IN SIMPLER TERMS: In 2011, President Obama determined that the Defense of Marriage Act — the 1996 law that bars federal recognition of same-sex marriages — is unconstitutional, and directed the Justice Department to stop defending the law in court  This act is pro-gay rights.

CONTENT  SECTION 1. SHORT TITLE. This Act may be cited as the ‘Marriage Protection Act of 2011’.  SEC. 2. LIMITATION ON JURISDICTION. (a) In General- Chapter 99 of title 28, United States Code, is amended by adding at the end the following:  ‘Sec Limitation on jurisdiction ‘No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, section 1738C.’. b) Amendments to the Table of Sections- The table of sections at the beginning of chapter 99 of title 28, United States Code, is amended by adding at the end the following new item: ‘1632. Limitation on jurisdiction.’.

TRACKING OF BILL  Bill is a reintroduction of previous attempts  March 2, 2011 Introduced by Representative Dan Burton (member of majority party)  March 2, 2011 Referred to House Committee on the Judiciary  Supported by 27 cosponsors

PUBLIC OPINION  Gay-rights activists felt that this was a huge move towards obtaining equality  Obama’s timing in making this decision had other people questioning his motives  Some conservatives accuse him of trying to change the subject from spending cuts to social causes  Others felt that this action was legally unjustified (they felt that it was an attempt to take power away from Congress, who had implemented DOMA)

POLLING

INTEREST GROUPS

PRO-GAY RIGHTS  Freedom to Marry Coalition  Gay, Lesbian & Bisexual Veterans Association  Gay & Lesbian Alliance Against Defamation  Gay & Lesbian Victory Fund  Human Rights Campaign  Independent Gay Forum  Log Cabin Republicans  National Gay & Lesbian Task Force  National Lesbian & Gay Journalists Association  Parents & Friends of Lesbians & Gays  Planet Out: NewsPlanet  Queer Resources Directory  Turn Out!

ANTI-GAY RIGHTS  American Family Association  Exodus International  Family Research Council  Focus on the Family  Forerunner International: Homosexuality  Traditional Values Coalition

POLITICAL PARTIES Republican Party Democratic Party Libertarian Party Oppose gay marriage. Supports constitutional amendment to ban gay marriage. Generally supports gay marriage although Democrats remain largely divided on the issue, as some only support civil unions. Pro private choice and equality including marriage.

LEGAL ISSUES  The proposed legislation raises Constitutional questions in relation to the Full Faith and Credit Clause  Joanna Grossman emphasized "the need for the federal courts to weigh in", rather than for states to continue making a public-policy exception when deciding the status of same-sex relationships independently of the decisions of other states, as states have been permitted to do in the case of incestuous marriages

MEDIA COVERAGE  Most news stories and reports covered Obama’s change in stand on gay rights.  Recently (May 9 th, 2012), he announced that he was pro-gay rights which sparked controversy. 

BIBLIOGRAPHY    gewanted=all gewanted=all  tical_party_platforms.php tical_party_platforms.php  presidential-job-approval.aspx presidential-job-approval.aspx 