Texas House Bill HCR110

Texas 2011 - 82nd Regular

• Introduced: 3/15/11
• Refer: 4/6/11

Caption

Urging the president of the United States to defend the Defense of Marriage Act.

Impact

The passage of HCR110 reflects a significant stance by the Texas legislature in support of traditional marriage, reinforcing state laws that align with the definitions outlined in DOMA. By urging the President to advocate for this federal law, it affirms the legislature's commitment to maintaining the traditional view of marriage within Texas. The resolution's sentiments mirror the broader societal and legal debates surrounding marriage equality and the legal interpretations of such definitions, showcasing Texas's alignment with conservative values on these matters. It further emphasizes the dual role of state and federal governance regarding marriage laws and how they intersect with individual state rights.

Summary

HCR110 is a concurrent resolution from the Texas Legislature urging the President of the United States to defend the constitutionality of the Defense of Marriage Act (DOMA). Passed in 1996, DOMA defines marriage as the union between one man and one woman and protects the states' rights to determine marriage laws independently. The resolution was prompted by President Barack Obama's decision in 2011 to halt defense of DOMA, which supporters viewed as an overreach of executive power in the legislative arena. The resolution highlights the need for federal statutes to be defended in court by the Department of Justice, emphasizing the constitutional expectation that laws enacted by Congress should receive protection against challenges to their validity.

Sentiment

Overall sentiment surrounding HCR110 appears to be primarily supportive among conservative circles, particularly those who value traditional marriage as defined in DOMA. Supporters argue that the President's withdrawal of support undermines the rule of law and sends a message against the democratic process that established DOMA. However, the discussion around this resolution may be contentious among progressive factions who advocate for marriage equality, viewing both DOMA and congressional resistance to same-sex marriage as antiquated and discriminatory. This divergence highlights ongoing cultural and political divides regarding marriage definitions and civil rights.

Contention

A notable point of contention surrounding HCR110 was the interpretation of the executive branch's relationship with federal laws. Supporters argue that it is the President's constitutional duty to uphold and defend laws enacted by Congress, referring specifically to the necessity of protecting DOMA's legal standing in the face of opposition. Conversely, opponents of DOMA and HCR110 might contend that the evolving interpretations of marriage should reflect current societal values and rights, advocating a more progressive legal framework. This conflict extends beyond Texas, as it touches upon national discussions of rights, equality, and the balance between federal and state powers.