Text of TX HCR 110 (2011)

82R12219 BPG-D By: Workman H.C.R. No. 110 CONCURRENT RESOLUTION WHEREAS, President Barack Obama took an oath to "preserve, protect and defend the Constitution of the United States," but on February 23, 2011, he instructed the U.S. Department of Justice to stop defending the constitutionality of the Defense of Marriage Act; and WHEREAS, The Defense of Marriage Act, or DOMA, was passed in 1996 with overwhelming majorities in both houses of Congress and signed into law by then president Bill Clinton; DOMA consists of two core provisions: it defines the words "marriage," "spouse," "husband," and "wife" wherever they appear in the U.S. Code as referring only to the union of a man and a woman, and it defends the right of each state to reject the redefinition of marriage that has occurred in a handful of other states as a result of state court decisions or legislation; and WHEREAS, Nearly 40 states have enacted laws defending the institution of marriage, and 31 have embraced traditional marriage in their constitutions; the Texas Defense of Marriage Act was signed by the governor in 2003, and the statute was solidified with a constitutional amendment defining marriage as a union between a man and a woman, which was approved by voters in November 2005; and WHEREAS, The constitutional role of the president of the United States is to execute the laws, not adjudicate them; it is well-established policy of the U.S. Department of Justice to defend a federal statute unless no reasonable argument can be made in its defense, but instead President Obama has unilaterally decided that DOMA is unconstitutional; the constitutionality of this law should be determined by the courts, not by the executive branch; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby respectfully urge the president of the United States to order the U.S. Department of Justice to defend the constitutionality of the Defense of Marriage Act; and, be it further RESOLVED, That the Texas secretary of state forward an official copy of this resolution to the president of the United States.