A federal district court judge in Boston today struck down the 1996 federal law that defines marriage as a union exclusively between a man and a woman.I tend to agree with the court on this one that marriage should be defined by the states and not federalized. Using the same logic I also think abortion law should be the province of the states and not a federal matter at all. Perhaps some creative lawyer will be able to take this DOMA ruling and use it to return abortion to the states where it belongs.
Judge Joseph L. Tauro ruled that the federal Defense of Marriage law violates the Constitutional right of married same-sex couples to equal protection under the law and upends the federal government’s long history of allowing states to set their own marriage laws.
"This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status," Tauro wrote. "The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state."
Thursday, July 08, 2010
Defense of Marriage Act Struck Down by Federal Judge
This doesn't really bother me and I'll explain why in a moment:
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Problem here is Roe v. Wade is not a law to be overturned by the court. We'd need a new case to get to SCOTUS for them to decide RvW should have been returned to the state to sort out.
Good idea, though.
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