Congressman Lungren is a disgrace... I am ashamed to have to register in his district

Dear Dr. Orey,

 

Thank you for contacting me regarding legislation to repeal the Defense of Marriage Act (H.R. 1116).  I appreciate the opportunity to learn of your views on this important matter.
 
It is my belief that marriage is a foundational societal institution.  As the United States Supreme Court itself recognized in 1878, "upon it society may be said to be built, and out of its fruits spring social relations and social obligations and duties..."   In short, marriage is a fundamental element of civil society itself.
 
In this regard, it is entirely appropriate for the supreme law of the land to uphold the institution of marriage.  The Constitution should recognize the civilizational precept that marriage consists solely of the union between a man and a woman.
 
Another aspect of this issue which is central to the question of governance, concerns the role of the judiciary in our society.  It is not the function of judges to act as policymakers or quasi-legislators.  When the judiciary assumes the role of the legislative branch it has overstepped its proper function.  The effort by some state courts to redefine the institution of marriage, coupled with a generally expansive interpretation of its own power by the federal judiciary, poses a serious challenge to the very notion of self-government.  Our founding fathers did not envision that we would be governed by philosopher kings and it was for that reason they conceived a limited judicial power which would render the judiciary "the least dangerous branch."
 
Recently, the Executive branch has also posed a serious challenge to the notion of self-government.  As you know, the Constitution requires in Article II Section 3 that the President "shall take Care that the Laws be faithfully executed."  The Administration's unilateral determination – apart from the wishes of Congress, which passed DOMA by a bipartisan vote of 342-67 in the House and 85-14 in the Senate – that DOMA does not pass constitutional muster is an affront to our system of government, to the checks and balances established by the Constitution, and to the rule of law. 
 
In remarks on the House floor, I elaborated on this affront: 

 

Mr. Speaker, while Congress was out of session last week, the United States Department of Justice made an unfortunate decision. They announced they would no longer defend an Act of Congress that was signed into law by President Clinton. That law is the Defense of Marriage Act.

 

The statement that came out of the Justice Department said they could find no constitutional basis for defending that law. I recall we had the same thing happen in my home state where then Attorney General Jerry Brown said he could not defend Proposition 8 which dealt with the definition of marriage.

 

Having served in that office in California, I can tell you, I defended laws I disagreed with. I defended laws I had voted against. I thought it was my solemn obligation to uphold the Constitution and the laws duly enacted in my state just as I believe the Attorney General of the United States has that obligation.

 

I believe it is a dereliction of duty. To somehow now find that there is no constitutional basis for defending that law is incredible. I think it is regrettable and I think we ought to look into it.

 
While we may disagree on this issue, please do not hesitate to contact me in the future on matters important to you.
 
Again, thank you for taking the time to share your views with me.
 
If you would like to stay informed about federal legislation introduced in the 112th Congress, as well as local issues that may interest you, please take a moment to subscribe to my weekly e-newsletter at www.lungren.house.gov.
 
I look forward to discussing this or any other issue affecting our 3rd Congressional District with you in the future.  For upcoming Town Hall meetings, or for information on issues or legislation pending before Congress, please visit my website at www.lungren.house.gov.  If you need assistance with a federal agency, please call my Gold River office at (916) 859-9906.  My staff and I are always available to address your concerns, answer your questions, and listen to your ideas.
 
Sincerely,
Daniel E. Lungren
Member of Congress

Note: Please do not respond directly to this e-mail.  To better serve the constituents of the Third District I have established a Feedback Form on my website.  If you wish to contact me with any concerns, I would ask that you please utilize the following link and I will respond shortly (https://forms.house.gov/lungren/forms/email.shtml).