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U.S. Rep. Wayne T. Gilchrest (R-Maryland-1st) [Cecil County, Maryland]

Statement on Same-Sex Marriages

I supported enactment of the Defense of Marriage Act (DOMA), which was signed into law by President Clinton in 1996 (Public Law 104 199). DOMA prohibits states from being forced to recognize same-sex marriages not performed in their state, and allows each state to enact legislation that best represents the interests and opinions of its own citizens.

Now that the Massachusetts Supreme Judicial Court has ruled that same-sex couples cannot be denied the right to be married in that state, and with California courts yet to rule on the legality of the same-sex marriages being performed in San Francisco, there is discussion about how these rulings impact DOMA and whether the law is adequate and will withstand constitutional scrutiny. Some in Congress believe it is not and are supporting HJRes 56, the Federal Marriage Amendment Act, to elevate the definition of marriage to a constitutional question.

Marriage has always been a state issue and as a supporter of limited federal government, I am not inclined to continue to expand the reaches of federal policy deeper into social issues. In addition, our Constitution has stood the test of time with few changes, and in defending it, I have rarely supported any amendment to our most treasured document, especially one that seeks to redefine or restrict individual rights. My personal belief about the sanctity of marriage between a man and woman notwithstanding, I remain convinced that authority over this issue should remain with the states.

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