JURIST - Paper Chase: Bush criticizes 'activist judges' in White House marriage amendment pitch

[JURIST] President Bush Monday denounced "activist judges" who have struck down state laws banning same-sex marriage [JURIST news archive] as he urged Congress to approve the so-called Marriage Protection Amendment [text, PDF] defining marriage as the union of a man and a woman. At a White House event, Bush said [transcript]:

Some argue that defining marriage should be left to the states. The fact is, state legislatures are trying to address this issue. But across the country, they are being thwarted by activist judges who are overturning the expressed will of their people. And these court decisions can have an impact on our whole nation.

The American Bar Association has already criticized the proposed amendment [text, PDF] as "trampl[ing] on the traditional authority of each state to establish its own laws governing civil marriage."

The Marriage Protection Amendment is being debated in the US Senate this week, following its approval by the Judiciary Committee last month [JURIST report]. But Senate Democrats and moderate Republicans are expected to block a final vote. To become law, a constitutional amendment requires a two-thirds majority in each house of Congress followed by ratification by three-quarters of the states. AP has more.

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