By Douglas V. Gibbs
DOMA, or the Defense of Marriage Act, is held up by conservatives as a shining achievement of protecting family values. Problem is, it is unconstitutional.
U.S. District Judge Joseph Tauro agrees with me (sort of), recently stating that the law interferes with the right of a state to define marriage and therefore denies married gay couples some federal benefits (I disagree with the federal benefits thing).
The powers granted within the U.S. Constitution are granted only to the federal government. The authorities given are few. Any power not granted to the federal government, or prohibited to the states, belongs to the states (see Amendment 10).
Therefore, marriage is a state issue.
That means "any" federal law regarding marriage is unconstitutional.
I am pro-family values, and do not support gay marriage. However, if a state wishes to make it legal for gays to marry, that is that state's business. Don't like it? Fight to change it, put up with it, or move to a different state.
If the federal government can't ban gay marriage, however, remember that would mean they can't legalize it either.
-- Political Pistachio Conservative News and Commentary
Justice Reviews Mass. Rulings on Federal Gay Marriage Ban - NewsMax
Obama, marriage: 'Saboteur in chief' - World Net Daily
Judge declares US gay marriage ban is unconstitutional - Boston dot com
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