GAY MARRIAGE Bill to prevent court involvement

The GOP didn't mind judicial activism in the 2000 election, a lawmaker said.
WASHINGTON (AP) -- Gay marriage opponents wanted more, but House Republicans gave them at least a symbolic election-year victory.
Republicans passed legislation in the House on Thursday, 233-194, to prevent federal courts from ordering states to recognize same-sex unions that took place in other states.
Democrats objected to the bill as an unconstitutional attack on gays and the federal judiciary to satisfy the GOP's political base.
Tony Perkins of the Family Research Council said the legislation is a welcome interim step. "It provides us the opportunity to isolate some of these judicial rewrites of marriage. Until we can get an amendment to the Constitution, this will keep it from spreading," Perkins said.
Supporters said the House legislation would protect the institution of marriage by reining in federal judges who might otherwise impose gay marriage on states that have banned it.
"Marriage is under attack," said Rep. James Sensenbrenner, R-Wis., referring to the Massachusetts state court decision allowing same-sex marriages.
One after another, Republicans criticized what they called "activist" judges, with one lawmaker comparing the Supreme Court to the Soviet Politburo.
Response
Democratic Rep. Jim McGovern, D-Mass., responded that Republicans did not complain of judicial activism after the high court's 5-4 ruling that ended ballot recounts in Florida and effectively called the 2000 president election for George W. Bush.
The Bush administration backs the bill, which is not likely to advance in the Senate, but said more is needed.
"To fully protect marriage from activist judges, including activist state court judges, the administration also urges Congress to pass ... a constitutional amendment defining marriage as the union of one man and one woman," the administration said in a statement.
However, Senate Republicans last week were forced to shelve the marriage amendment for lack of support.
The fallback House bill would strip the Supreme Court and other federal courts of their jurisdiction to rule on challenges to state bans on gay marriages under a provision of the 1996 federal Defense of Marriage Act.
That law defines marriage as between a man and a woman and says states are not compelled to recognize gay marriages that take place in other states.