A constitutional amendment restoring the Defense of Marriage Act — to be introduced by Rep. Tim Huelskamp — liklely would reignite the debate over same-sex marriage.
The Kansas Republican said he plans to introduce the Federal Marriage Amendment to restore the Defense of Marriage Act struck down by the Supreme Court on Wednesday.
The constutional amendment would define marriage as between one man and one woman, as DOMA did.
“This would trump the Supreme Court,” he told The Huffington Post.
The court on Wednesday ruled that DOMA’s prohibition on federal recognition of legally married couples was unconstitutional. It also refused to intervene to re-institute California’s voter-mandated ban on gay marriage.
Huelskamp announced his plan on Twitter late on Wednesday:
Cong. Tim Huelskamp ✔ @CongHuelskamp
He had earlier tweeted: “Taking a combined view of both cases it is clear the Court was not restricted to logic or Constitutional principles,” and “In the end, these unelected judges have allowed the desires of adults to trump the needs of children.”
A consitutional amendment needs the support of two-thirds of the House and Senate, and ratification by three-fourths of the states. So far, he has no cosponsors.
House Speaker John Boehner could be standing in the way. He said Wednesday he was “disappointed” with the court’s decision but signaled no desire to pursue legislative action.
“While I am obviously disappointed in the ruling, it is always critical that we protect our system of checks and balances,” Boehner said in a statement. “A robust national debate over marriage will continue in the public square, and it is my hope that states will define marriage as the union between one man and one woman.”
The court’s decision came down as public support for same-sex marriage is growing. A Gallup poll in May found that 53 percent of Americans surveyed say federal law should recognize gay marriages.
Still, Huelskamp is undeterred. “A majority of Americans don’t like President Obama as president, but he’s still the president,” he told The Huffington Post.
He also pointed out that the court did not go further in its decision on DOMA, and it is still up to the states to decide whether to permit same-sex marriages.
“Today 37 states still have traditional-marriage amendments and laws,” he said. “Those are not overruled, which is the good side of this.”
“It’s not over.”
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