Marriage is a LICENSING issue, which falls to the States under the Reserved Powers of the Constitution. The Defense of Marriage Act attempts to override that. In addition, the Federalization of this issue has helped the Gay Marriage lobby in their push to have marriage recognized as a RIGHT. If that is accomplished, what’s to stop the Federal Gov’t from trying to force religious institutions to perform these same sex marriages? They’re doing the same thing with contraception and Obamacare. Leave it to the states and let the chips fall where they may.
“If that is accomplished, what’s to stop the Federal Gov’t from trying to force religious institutions to perform these same sex marriages?”
My worst fear. Will my pastor have to choose between jail and freedom to practice his religion?
Boy I’m glad someone sees that. DOMA was idiotic because it has Federalized the issue. It should have just been left to the States.
We could lever this the opposite way as well. Simply allow federal benefits to construe to federal employees only. No spouse, children, etc.
Make it part of the undoing of Obamacare and toss in insurance portability and the Commerce Clause prohibition against state’s creating intrastate monopolies via licensing/permitting/zoning processes.
America is supposed to be a giant free trade zone. Why can’t you buy insurance nationally or use a doctor from any state you wish anywhere in the country, including your home state?