(This measure has not been amended since it was reported to the House on July 19, 2004. The summary of that version is repeated here.)
Marriage Protection Act of 2004 - Amends the Federal judicial code to deny Federal courts jurisdiction to hear or decide any question pertaining to the interpretation of: (1) the provision of the Defense of Marriage Act that provides that no State shall be required to give effect to any marriage between persons of the same sex under the laws of any other State; or (2) this Act.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3313 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3313
To amend title 28, United States Code, to limit Federal court
jurisdiction over questions under the Defense of Marriage Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 16, 2003
Mr. Hostettler (for himself, Mr. Pence, Mr. Smith of Michigan, Mr.
Garrett of New Jersey, Mr. Goode, Mr. Akin, Mr. Gutknecht, Mr. Weldon
of Florida, Mr. Jones of North Carolina, Mr. Bartlett of Maryland, Mr.
Forbes, and Mr. Paul) introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to limit Federal court
jurisdiction over questions under the Defense of Marriage Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marriage Protection Act of 2003''.
SEC. 2. LIMITATION ON JURISDICTION.
(a) In General.--Chapter 99 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1632. Limitation on jurisdiction
``No court created by Act of Congress shall have any jurisdiction,
and the Supreme Court shall have no appellate jurisdiction, to hear or
determine any question pertaining to the interpretation of section
1738c of this title or of this section. Neither the Supreme Court nor
any court created by Act of Congress shall have any appellate
jurisdiction to hear or determine any question pertaining to the
interpretation of section 7 of title 1.''.
(b) Amendment to Table of Sections.--The table of sections at the
beginning of chapter 99 of title 28, United States Code, is amended by
adding at the end the following new item:
``1632. Limitation on jurisdiction.''.
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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 21 - 13.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-614.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-614.
Placed on the Union Calendar, Calendar No. 373.
Rules Committee Resolution H. Res. 734 Reported to House. Rule provides for consideration of H.R. 3313 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
Rule H. Res. 734 passed House.
Considered under the provisions of rule H. Res. 734. (consideration: CR H6580-6613; text of measure as reported in House: CR H6580)
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Rule provides for consideration of H.R. 3313 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
DEBATE - The House proceeded with ninety minutes of debate on H.R. 3313.
DEBATE TIME EXTENDED - Mr. Sensenbrenner asked unanimous consent that the debate time on H.R. 3313 be extended by twenty minutes equally divided and controlled. Agreed to without objection.
The previous question was ordered pursuant to the rule. (consideration: CR H6612)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 233 - 194 (Roll no. 410).
Roll Call #410 (House)On passage Passed by the Yeas and Nays: 233 - 194 (Roll no. 410).
Roll Call #410 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.