Monday, July 19, 2010
Judge strikes down federal Defense of Marriage Act
A District Court judge struck down parts of the federal Defense of Marriage Act (DOMA). Many conservatives sacrificed federalism (which they claim to value) to pass this law to try to protect the traditional heterosexual definition of marriage. IMHO the DOMA was beyond the powers granted to the federal government and these matters were reserved to the states under the 10th Amendment. LINK Where is it all going to end? There's a good chance it will end with the Supreme Court holding that Equal Protection requires that legal marriage be made equally available to both gays and straights. For a start, see Justice O'Connor's concurring opinion in Lawrence v. Texas. Although O'Connor says her opinion has nothing to do with gay marriage, her logic clearly does. LINK
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Thank God that there is an appeals process in our country. One judge might push his agenda through judicial activism, but there are checks that must be taken. Hopefully, the Supreme Court will take up this issue and put it to rest.
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