Skip to comments.DOMA is an abuse of federalism (George Will tastes the rainbow)
Posted on 03/21/2013 4:02:21 PM PDT by 2ndDivisionVet
[U]nder the Constitution, the regulation and control of marital and family relationships are reserved to the States.
U.S. Supreme Court,
Sherrer v. Sherrer (1948)
The Defense of Marriage Act (DOMA) is an exception to the rule that a laws title is as uninformative about the laws purpose as the titles of Marx Brothers movies (Duck Soup, Horse Feathers, Animal Crackers) are about those movies contents. DOMAs purpose is precisely what its title says. Which is why many conservatives and liberals should be uneasy Wednesday when the Supreme Court hears arguments about its constitutionality.
Conservatives who supported DOMA should, after 17years reflection, want the act overturned because its purpose is constitutionally improper. Liberals who want the act struck down should be discomfited by the reason the court should give when doing this.
DOMA, which in 1996 passed the House 342 to 67 and the Senate 85 to 14, defines marriage for the purpose of federal law as a legal union between one man and one woman. Because approximately 1,100 federal laws pertain to marriage, DOMAs defenders argue that Congress merely exercised its power to define a term used in many statutes. But before 1996, federal statutes functioned without this definition......
(Excerpt) Read more at washingtonpost.com ...
“It would be a lawyers dream come true, thats for sure.”
But at the state level where “social” law belongs. The activist organizations will have to spend time and resources to fight their agenda in 50 separate states instead of going for one knockout win at the federal level as they succeeded in doing with abortions and are trying to do with firearms. It is much tougher to win 50 battles than to win one.
“Never trust a man who wears a bow tie.”
Good point. I was trying to figure out which side of the plate the president of JC Penny bats on, but Wikipedia had NOTHING on him. He’s 54 years old - he’s obviously chosen a side...and given his use of Ellen, I think my question is answered.
Oh, for Pete's sake, you've got the question backwards.
Why do you think getting the government involved in marriage would be an improvement. Do we really need governmet to regulate our private lives?
Since I, as the vast majority of the population do, believe that marriage and family is the cornerstone of a well-functioning society, I believe that it is one of the legitimate areas for some kind of government regulation.
There is nothing to stop people from having whatever kind of living arrangements they want.....just don’t have the government sanction it as being on equal terms with a marriage between a man and a woman.
If I were the Great High Lord Poo-Pah In Charge Of Everything (but still bound by the Constitution), I would have Congress write and pass a law like the following:
Many car rental companies as a matter of policy will allow a renter's spouse to drive a rented car without having to pay an "additional driver" fee. If there isn't a standard definition of "marriage", how should the company determine whether or not two people who wish to rent a car should have to pay the extra fee? The question "Are these people married" should be a simple one, but if every "marriage" contract is different how should the company determine whether two people are actually married or just drew up a sham contract to save a few dollars on their car rental?
You have things exactly backwards.
DOMA is the only thing preventing your state from being forced to recognize those marriages,
The courts would make your state recognize those ‘marriages’ just as now it forces it to honor child custody and support agreements for those ‘marriages’.
That has nothing to do with the Constitution at all. The Constitution does not carve out favors for majorities. The fact that you and your "vast majority of the population" favor something, means nothing.
BTW, I also believe that marriage and family are the cornerstones of a well-functioning society. But that doesn't change a thing about what I wrote.
You do understand that point, don't you? What we want is not necessarily "constitutional". It's important to acknowledge that.
George F. Will: Closet Confederate?
Without the passage of DOMA, we would likely have had nationwide recognition of same-sex "marriage" force on every state 6 years ago.
The federal recognition clause is essential because it prevents fake "marriage" from being exportable to every other state.
The only thing lacking was a clause to preclude any marriage-like combination as well. Wise state governments foresaw this threat and did the right thing by also preventing "marriage-lite."
if doma is, so is roe v. wade.
same as driver licenses. fedgov doesn’t set standards. may ask for certain things but states determine state id information.
Dude, it’s a contract. Read it before you sign it. If you don’t like it or don’t understand it, don’t sign it. It’s really not that complicated.
20. Then the LORD said, "The outcry against Sodom and Gomorrah is so great and their sin so grievous
21. that I will go down and see if what they have done is as bad as the outcry that has reached me. If not, I will know."
4. Before they had gone to bed, all the men from every part of the city of Sodom--both young and old--surrounded the house.
5. They called to Lot, "Where are the men who came to you tonight? Bring them out to us so that we can have sex with them."
6. Lot went outside to meet them and shut the door behind him
7. and said, "No, my friends. Don't do this wicked thing.
Isaiah 3:9 The look on their faces testifies against them; they parade their sin like Sodom; they do not hide it. Woe to them! They have brought disaster upon themselves.
2 Peter 2:13b Their idea of pleasure is to carouse in broad daylight. They are blots and blemishes, reveling in their pleasures while they feast with you.
49. "`Now this was the sin of your sister Sodom: She and her daughters were arrogant, overfed and unconcerned; they did not help the poor and needy.
50. They were haughty and did detestable things before me. Therefore I did away with them as you have seen.
1. But there were also false prophets among the people, just as there will be false teachers among you. They will secretly introduce destructive heresies, even denying the sovereign Lord who bought them--bringing swift destruction on themselves.
2. Many will follow their shameful ways and will bring the way of truth into disrepute.
3. In their greed these teachers will exploit you with stories they have made up. Their condemnation has long been hanging over them, and their destruction has not been sleeping.
4. For if God did not spare angels when they sinned, but sent them to hell, putting them into gloomy dungeons to be held for judgment;
5. if he did not spare the ancient world when he brought the flood on its ungodly people, but protected Noah, a preacher of righteousness, and seven others;
6. if he condemned the cities of Sodom and Gomorrah by burning them to ashes, and made them an example of what is going to happen to the ungodly;
7. and if he rescued Lot, a righteous man, who was distressed by the filthy lives of lawless men
8. (for that righteous man, living among them day after day, was tormented in his righteous soul by the lawless deeds he saw and heard)--
9. if this is so, then the Lord knows how to rescue godly men from trials and to hold the unrighteous for the day of judgment, while continuing their punishment.
10. This is especially true of those who follow the corrupt desire of the sinful nature and despise authority. Bold and arrogant, these men are not afraid to slander celestial beings;
11. yet even angels, although they are stronger and more powerful, do not bring slanderous accusations against such beings in the presence of the Lord.
12. But these men blaspheme in matters they do not understand. They are like brute beasts, creatures of instinct, born only to be caught and destroyed, and like beasts they too will perish.
13. They will be paid back with harm for the harm they have done. Their idea of pleasure is to carouse in broad daylight. They are blots and blemishes, reveling in their pleasures while they feast with you.
But there IS hope!!!
1 Corinthians 6:9-11
9. Do you not know that the wicked will not inherit the kingdom of God? Do not be deceived:
Neither the sexually immoral nor idolaters nor adulterers nor male prostitutes nor homosexual offenders
10. nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God.
11. And that is what some of you were. But you were washed, you were sanctified, you were justified in the name of the Lord Jesus Christ and by the Spirit of our God.
If you could NOT change, you would be in most pitiful shape...
Agreed and seconded. The government getting involved with it only gives it more power, and makes it larger.
Oh how I wish people would understand that statism is a two edged sword and it's more likely to cut in the wrong direction if it's at the federal level!
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We DON'T want it here! We were NEVER allowed to vote on it!
You are wrong. Can I marry a woman in California and then marry a woman in Georgia? No, I would be committing a crime. All 50 states recognize marriage from other states with regard to bigamy. I can only be married to one person at a time in the U.S. It’s not a state issue.
There isn't a current standard between the states. Some recognize SSM, some have laws against.
Usually contracts stipulate the state who's laws apply (usually the state of incorporation or primary headquarters).