A Congressional Back Door on Gay Marriage

While the GOP-sponsored anti-gay marriage Constitutional amendment is apparently dead, members of the House of Representatives have approved another possible measure to block the spread of gay marriage across the country. As Findlaw columnist Joanna Grossman writes today, the Marriage Protection Act would strip the Supreme Court and other lower federal courts of the jurisdiction to hear cases relating to the Defense of Marriage Act. DOMA, passed a few years ago and signed into law by Bill Clinton (thanks, Bubba), allows states to not recognize gay marriages performed in other states. The constitutionality of DOMA is uncertain, given the Constitution's Full Faith and Credit clause, which requires one state to give effect to the legal judgments of all the other states. As Grossman points out, there are arguments on both sides that DOMA will pass constitutional muster. Nonetheless, the GOP apparently isn't willing to take that risk. The MPA, thankfully, looks to fail in the Senate and be unconstitutional to boot.