NCJW Deeply Disappointed by House Passage of Marriage Protection Act
July 22, 2004, Washington, DC -- The National Council of Jewish Women (NCJW) denounced the House's passage of the "Marriage Protection Act of 2004" (HR 3313), legislation that would deny all federal courts, including the Supreme Court, jurisdiction to hear or determine any question pertaining to the interpretation of the 1996 Defense of Marriage Act (DOMA, PL 104-99). In response to the 233-194 vote, NCJW president Marsha Atkind released the following statement:
"NCJW is deeply disappointed by the House's vote in favor of the Marriage Protection Act. This legislation is clearly unconstitutional because it violates equal protection guarantees for a specific minority group: gays and lesbians. By withdrawing federal jurisdiction over challenges to DOMA, this legislation would totally deprive this particular minority group of its ability to seek governmental protection of constitutional rights in federal courts.
"In addition, the Marriage Protection Act would violate due process rights and undermine the separation of powers. Basic due process demands an independent judiciary capable of determining federal constitutional rights. Enacting congressionally-mandated jurisdictional limitations would undercut the essential function of the federal courts as the ultimate interpreters of the constitutionality of legislation.
"The Marriage Protection Act represents an attack on our very system of government. NCJW decries today's vote and the House's failure to preserve the independence of the federal judiciary and respect the separation of powers principles."
NCJW is a volunteer organization, inspired by Jewish values, that works to improve the quality of life for women, children, and families and to ensure individual rights and freedoms for all through its network of 90,000 members, supporters, and volunteers nationwide.
Contact:
Becky Dansky
202 296 2588; becky@ncjwdc.org