Regarding DOMA
From his LA Times article – Bob Barr, the author of the federal Defense of Marriage Act, admits that he was wrong and now thinks it’s time for his law to get the boot and, frankly, I couldn’t agree more. Even President Elect Obama believes that DOMA needs to be stricken down. YAY Obama!
In effect, DOMA’s language reflects one-way federalism: It protects only those states that don’t want to accept a same-sex marriage granted by another state. Moreover, the heterosexual definition of marriage for purposes of federal laws — including, immigration, Social Security survivor rights and veteran’s benefits — has become a de facto club used to limit, if not thwart, the ability of a state to choose to recognize same-sex unions.
I guess this really isn’t NEW news, since he stated the same thing in May of last year at the 2008 Libertarian National Convention (see below) but I still think it’s a ‘Good Thing’ – yes, yes….I love Martha – Deal With It.
I’m somewhat torn on this issue from a States’ rights point of view. DOMA has two functions:
1. No state (or other political subdivision within the United States) need treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state.
2. The Federal Government may not treat same-sex relationships as marriages for any purpose, even if concluded or recognized by one of the states.
I’m in favor of keeping DOMA insofar a point 1 is concerned, since it only says that States do not have to recognize same-sex unions from other states.
On the other hand, I think point 2 is completely wrong and outside the purview of the federal government. I don’t believe that they have the right to a de facto nullification of the laws of the States in this case.