Text of US SCR 11 (2011)

III 112TH CONGRESS 1ST SESSION S. CON. RES. 11 Expressing the sense of Congress with respect to the Obama administration’s discontinuing to defend the Defense of Marriage Act. IN THE SENATE OF THE UNITED STATES APRIL 6 (legislative day, APRIL 5), 2011 Mr. INHOFE submitted the following concurrent resolution; which was referred to the Committee on the Judiciary CONCURRENT RESOLUTION Expressing the sense of Congress with respect to the Obama administration’s discontinuing to defend the Defense of Marriage Act. Whereas, on February 23, 2011, President Barack Obama ordered the Department of Justice to drop its defense of a central part of the 1996 law that bars the Federal Gov- ernment from recognizing same-sex unions, the Defense of Marriage Act (adding section 7 of title 1, United States Code), and both President Obama and Attorney General Eric Holder concluded the law is unconstitu- tional; Whereas President Obama himself has said that marriage is something sanctified between a man and a woman; Whereas, passed by significant majorities in both chambers of Congress and signed into law by President Bill Clinton, VerDate Mar 15 2010 22:07 Apr 06, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SC11.IS SC11 sroberts on DSK69SOYB1PROD with BILLS 2 •SCON 11 IS the Defense of Marriage Act has never been overturned in any Federal lawsuit challenging that Act’s constitu- tionality by a Federal court, yet the Department of Jus- tice has decided not to defend that Act in Federal court; Whereas, on the contrary, the Department of Justice is vigor- ously defending in numerous Federal courts across the country President Obama’s signature health care reform law, the Patient Protection and Affordable Care Act (Public Law 111–148), and the related Health Care and Education Reconciliation Act of 2010 (Public Law 111– 152), after the bills involved barely passed both chambers of Congress on party line votes, and whose critical indi- vidual mandate provision has been declared unconstitu- tional by separate Federal district courts in the cases of Florida v. United States Department of Health and Human Services, Case No.: 3:10–cv–91–RV/EMT (N.D. Fla., Jan. 31, 2011), and Virginia ex rel. Cuccinelli v. Sebelius, 728 F. Supp. 2d 768 (E.D. Va. 2010); and Whereas the vast majority of Americans believe that marriage should continue to be what it always has been—the legal and spiritual union between one man and one woman: Now, therefore, be it Resolved by the Senate (the House of Representatives 1 concurring), That Congress— 2 (1) condemns the Obama administration’s di- 3 rection that the Department of Justice should dis- 4 continue defending the Defense of Marriage Act; and 5 VerDate Mar 15 2010 22:07 Apr 06, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SC11.IS SC11 sroberts on DSK69SOYB1PROD with BILLS 3 •SCON 11 IS (2) demands that the Department of Justice 1 continue to defend the Defense of Marriage Act in 2 all instances. 3 Æ VerDate Mar 15 2010 22:07 Apr 06, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\SC11.IS SC11 sroberts on DSK69SOYB1PROD with BILLS