NEW QUESTION: IS THE MARRIAGE PROTECTION ACT CONSTITUTIONAL?

The Act, which recently passed the House of Representatives, reads: "No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, section 1738C or this section."

(That refers to the second section of the Defense of Marriage Act, which says states can't be forced to recognize same-sex marriages made in other states: "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession or tribe, respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state, territory, possession or tribe, or a right or claim arising from such relationship.")

Many people have argued that Congress cannot remove an issue from federal court jurisdiction. Some say that restricting the courts in this particular area would be unconstitutional because it would violate gays' and lesbians' equal-protection rights. Others argue that the Constitution gives Congress the power to limit lower federal courts.

What's your view of the Marriage Protection Act? Click below to join the debate!

posted by Eve at 5:50 PM VOTE

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