Who will defend DOMA?
Posted by Godefroi on July 8, 2009
Barack Obama is on record as wanting to repeal the Federal Defense of Marriage Act, though I’m not certain that it’s still on his website, and I just can’t bring myself to go and look.
In any case, we know where his intentions are…and his crone Pelosi is right there with him. I have to wonder how enamored of him and his policies the judiciary of the 1st Circuit is, because DOMA is about to have it’s day in court.
Massachusetts sues feds over definition of marriage
Massachusetts is suing the federal government over a law that defines marriage as a union between a man and a woman.
State Attorney General Martha Coakley filed the lawsuit Wednesday in federal court in Boston. It says the federal Defense of Marriage Act interferes with the right of Massachusetts to define marriage as it sees fit.
On the one hand, AG Coakley has a point…the Tenth Amendment says explicitly that powers not granted to the Fed is held by the individual states or their citizens, and the “Full Faith and Credit” clause can easily be interpreted to mean that a marriage in one state is a marriage in all states. But doesn’t that cut both ways?
“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state”
That is, a state that extends marriage by law and judicial ruling to only one man and one woman should have THAT respected by all other states, right?
Anyway, it will be interesting as this case unfolds.