Across the Nation: Federal Government Activity

1996: The Defense of Marriage Act
In 1996, President Clinton signed the Defense of Marriage Act into law. Conservative legislators were motivated to draft this legislation in 1993, when the Hawai’i Supreme Court held that the state statute banning same-sex marriage violated the Hawai’i Constitution. The decision was remanded back to the trial level; nonetheless, conservatives feared same-sex marriage would soon sweep the country. If one state allowed same-sex marriage, couples from any state could marry and return home to assert marital rights in their home state under Article IV of the Federal Constitution. The Act was enacted to prevent this possibility.

2004: Proposed Constitutional Amendments
On February 24, 2004, President George Bush called for a constitutional amendment to ban same-sex marriage. The President stated that the Defense of Marriage Act could be struck down, forcing states to recognize same-sex marriage. The President emphasized that a constitutional amendment was the only way to preserve traditional marriage, and end contradictory definitions of marriage across the country. Both the House and Senate proposed constitutional amendments; none obtained enough votes to pass.

2004: Proposed Marriage Protection Act
In 2003, Representative John N. Hostettler (R-Ind.) introduced legislation which would prevent all federal courts from hearing or deciding questions related to the Defense of Marriage Act. The legislation, titled the Marriage Protection Act of 2004, passed the House of Representatives on July 22, 2004. Proponents claim it ensures that one state’s definition of marriage will not be forced on another state. Opponents of the legislation state that it obliterates the separation of powers embedded in our Constitution. While the bill is not expected to pass the Senate, it may be indicative of legislative proposals to come.