Rep. Eshoo believes that issues related to marriage should be handled by the individual states as they have been throughout our nation's history. In the 108th Congress she opposed H. J. Res. 106, the Marriage Protection Amendment, which would have amended the Constitution by taking this decision out of the hands of states and effectively banning same-sex marriage.
Rep. Eshoo also voted against H.R. 3313, the Marriage Protection Act, which would have stripped federal courts (including the Supreme Court) of their jurisdiction to hear cases challenging the constitutionality of the Defense of Marriage Act or the Federal Marriage Statute. Rep. Eshoo believes this bill was discriminatory, singling out for the first time a minority to prevent their interests from being considered by the highest courts in the land. While the bill was passed by the House of Representatives, no further action was taken during the 108th Congress, effectively defeating the bill. No action has been taken in the 109th Congress.