Defense of Marriage and a response from Orrin Hatch

Here is the response from our excellent senator, Orrin Hatch, from our letter to him in regards to

the Defense of Marriage Act:

Subject: Correspondence from Senator Orrin Hatch
Date: Mon, 7 Mar 2011 11:59:46 -0500



March 7, 2011



Mr. David Udall
46 South 1025 East
Lindon, Utah 84042

Dear Mr. Udall:

Thank you for your letter supporting the Defense of Marriage Act (DOMA). It is good to hear from you.

In 1996, Congress overwhelming enacted the Defense of Marriage Act (P.L. 104-199). Under this law, a same-sex relationship considered a marriage in one state does not need to be treated as a marriage in another state. I strongly support this law as it preserves states’ rights to recognize same-sex marriage without imposing the will of other states. Specifically, Utah should not be subject to another state’s definition of marriage.

Advocates of same-sex marriage are challenging the constitutionality of the federal Defense of Marriage Act. As you know, President Barack Obama recently indicated that the Department of Justice will no longer defend in court the Defense of Marriage Act. I believe the President is wrong in this decision.

The Department of Justice has a duty to defend the constitutionality of any statute passed by Congress with reasonable argument, no matter the subject matter. A reasonable constitutional argument has been made for the Defense of Marriage Act, so it is a dereliction of duty for the Department of Justice not to defend this law. I will continue to urge the President and the Department of Justice to uphold their responsibility.

Again, thank you for your writing. I value your input.

Your Senator,




Orrin G. Hatch
United States Senator


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