As the Supreme Court hears oral arguments on whether states have the right to define marriage as they see fit and whether to recognize same-sex marriage performed in other states, one congressman is looking to take the issue away from the courts altogether.
Rep. Steve King, R-Iowa, is sponsoring the “Restrain Judges on Marriage Act of 2015.”
“If my bill becomes law, then the states will make the decision from that point forward on marriage,” King said. “Any enforcement funds would also be blocked. In the end, states would decide what marriage is. There are only two questions: What is marriage, and who’s going to decide?”
He argued, “Not nine judges, or more likely five of nine judges, but the people need to make a decision on marriage.”
How would the bill accomplish this, given that many question whether the legislative branch can dictate what the judicial branch can and cannot review? King believes the power is clear.
“My bill just utilizes the constitutional authority that’s drafted into the original version of the Constitution by our Founding Fathers that provides for Congress to determine the conditions by which the federal courts can hear a case,” King explained.
Specifically, the “Restrain Judges of Marriage Act of 2015″ would immediately remove any marriages cases from the federal court system, including cases already pending or any filed on or after the date the King bill would take effect. It also withholds any taxpayer money for the federal government to deal with any such cases.
“All courts are created by the United States Congress, including the Supreme Court,” he said. “The Supreme Court is the only court required by the Constitution. The balance of the federal courts are created by Congress. If they can be created by Congress, they can also be managed by Congress.”
Click for full report and listen to interview with Representative King.