Thirty-nine congressional Republicans, including House Minority Leader John Boehner (Ohio) and Minority Whip Eric Cantor (Va.), have filed an amicus brief in D.C. Superior Court calling for a voter referendum on whether to legalize same-sex marriage in the District.
Just leave it to Republicans to think a public vote to strip away the rights of citizens is a good idea. Funny, in a hypocritical way, how Republicans are always bashing lawyers and lawsuits, but run to the courts when they can thwart equality.
A quicker and more effective solution was published here a few issues back by Congressman John Hostettler. It would use Congress' Article I, Section 8 and Article III, Sections 1 and 2 powers to limit the jurisdiction of inferior federal courts and to set exceptions to the Supreme Court's appellate jurisdiction. His bill, H.R. 3313 (co-sponsored by congressmen Mike Pence, Nick Smith, Scott Garrett, Virgil Goode, Todd Aikin, Gil Gutknecht, Dave Weldon, Walter Jones, Roscoe Bartlett, Michael Forbes and Ron Paul), would remove federal court jurisdiction over the issue of marriage. This goes directly to the root problem and sends a shot across the bow of judicial activism everywhere. Massachusetts legislators could follow the same path if inspired by national leaders and solve their problem now, whereas even a state constitutional amendment would come too late to stop the courts from legalizing same sex marriages. And the bill only needs a majority in the House and 60 votes in the Senate to go into effect.
If I'm following along correctly, Garrett wants to go to court to ask them to do something he wants to take away their power to do? So the moral of the story for Republicans like Scott Garrett is that activist judges are bad, bad, bad, unless they're being active for things you believe in.
