82R12219 BPG-D
By: Workman H.C.R. No. 110
CONCURRENT RESOLUTION
WHEREAS, President Barack Obama took an oath to "preserve,
protect and defend the Constitution of the United States," but on
February 23, 2011, he instructed the U.S. Department of Justice to
stop defending the constitutionality of the Defense of Marriage
Act; and
WHEREAS, The Defense of Marriage Act, or DOMA, was passed in
1996 with overwhelming majorities in both houses of Congress and
signed into law by then president Bill Clinton; DOMA consists of two
core provisions: it defines the words "marriage," "spouse,"
"husband," and "wife" wherever they appear in the U.S. Code as
referring only to the union of a man and a woman, and it defends the
right of each state to reject the redefinition of marriage that has
occurred in a handful of other states as a result of state court
decisions or legislation; and
WHEREAS, Nearly 40 states have enacted laws defending the
institution of marriage, and 31 have embraced traditional marriage
in their constitutions; the Texas Defense of Marriage Act was
signed by the governor in 2003, and the statute was solidified with
a constitutional amendment defining marriage as a union between a
man and a woman, which was approved by voters in November 2005; and
WHEREAS, The constitutional role of the president of the
United States is to execute the laws, not adjudicate them; it is
well-established policy of the U.S. Department of Justice to defend
a federal statute unless no reasonable argument can be made in its
defense, but instead President Obama has unilaterally decided that
DOMA is unconstitutional; the constitutionality of this law should
be determined by the courts, not by the executive branch; now,
therefore, be it
RESOLVED, That the 82nd Legislature of the State of Texas
hereby respectfully urge the president of the United States to
order the U.S. Department of Justice to defend the
constitutionality of the Defense of Marriage Act; and, be it
further
RESOLVED, That the Texas secretary of state forward an
official copy of this resolution to the president of the United
States.