Congressman Tim Huelskamp, a Republican (Kansas) and tea party member, has said he plans to introduce a Federal Marriage Amendment, to block same-sex marriage in the US. He made the following statement about the Supreme Court decision on DOMA, and his proposed plan, on Wednesday (26th):
“With these two decisions, a very narrow 5-4 Court majority has substituted its personal preferences on marriage for the Constitutional decisions of the American people and their elected Representatives. In doing so, five activist justices have short-circuited the democratic process. The Court had neither logic nor constitutional principles in mind: in the DOMA decision, the majority claims states have the sole responsibility to define marriage. But in the Proposition 8 case they discarded the votes of 7 million Californians who voted to defend traditional marriage.
In the end, these unelected judges have allowed the desires of adults to trump the needs of children. Decades of research on families, combined with generations and centuries of human experience, all agree – children do best when they have a married mom and dad in the home. This ruling further undermines that ideal, causing harm to America’s children and all of society.
He goes on:
Despite the illogic of these two decisions, there are positive points to be made: the Court did NOT fabricate a constitutional right to homosexual “marriage.” Contrary to the claims by President Obama and others, the Court did NOT overrule DOMA in its entirety – Section 2 still preserves the states’ sovereign power to decline recognition of same-sex “marriages” in other states. The Court did NOT overrule those laws and constitutional amendments, including the Kansas Marriage Amendment I authored as a state Senator, that still protect traditional marriage in 37 states.
This radical usurpation of legislative and popular authority will not end the debate over marriage in this country. Congress clearly must respond to these bad decisions, and as a result, I plan to introduce the Federal Marriage Amendment (FMA) to amend the United States Constitution to define marriage as the union of one man and one woman.”
However, as Huelskamp himself would be aware, such a constitutional amendment would require the support of two-thirds of the House and Senate, and then would have to be ratified by three-quarters of the states (i.e. .38 states).
Although Huelskamp feels that other conservatives would support his effort, the bill has no co-sponsors as yet. The last such vote in 2006 ended in failure, 236 to 187.