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The Defense Of Marriage Act Is In Peril
U.S. Sen. John Cornyn, chairman of the Senate Judiciary Committee's subcommittee on the Constitution, made the following statement Tuesday regarding the future of the Defense of Marriage Act (DOMA) in light of the ruling in Goodridge v. Mass. Dep't of Public Health:"In 1996, this body overwhelmingly passed, and President Clinton signed, the bipartisan Defense of Marriage Act. As numerous legal scholars and senators have made quite clear, however, the Supreme Court's recent decision in Lawrence v. Texas presents a constitutional threat to DOMA. And in light of today's ruling in the matter of Goodridge v. Mass. Dep't of Public Health, we are now just one step away from that threat becoming a reality. We have no choice now but to confront that threat."I am disappointed in the ruling by Massachusetts's highest court, as that decision may have implications for families well beyond the border of the commonwealth. On an issue as fundamental as marriage, it is the job of the American people, through their legislators, to decide—not the Massachusetts courts."We are concerned that Goodridge, coupled with the recent U.S. Supreme Court ruling in Lawrence v. Texas, raises serious questions regarding the future of both the family and the traditional definition of marriage throughout America as embodied in DOMA. The question now is whether the popular and bipartisan legislation will remain the law of the land as the people intend, or be overturned by the courts."In light of these and other articulated concerns about the legal protection of the state of marriage, we believe it is important to consider what steps, up to and including a constitutional amendment, are now needed to protect and safeguard marriage."Cornyn chaired a hearing of the Constitution subcommittee in September on threats to DOMA.Sen. Cornyn chairs the subcommittee on the Constitution, Civil Rights & Property Rights, and is the only former judge on the committee. He served previously as Texas Attorney General, Texas Supreme Court Justice, and Bexar County District Judge.