11
Feb
2009
Wednesday, February 11, 2009
Ryan.McCann
Federal DOMA Under Attack

The 9th Circuit recently ruled that the federal DOMA is unconstitutional. 
Though this decision will not immediately lead to States being forced to recognize same-sex marriages, it should be a warning to those who claim that Indiana does not need to spend time on a Marriage Amendment.  Once the federal DOMA (defense of marriage act) is ruled unconstitutional, it is only a matter of time before Indiana will be forced to recognize same-sex marriages, unless we amend our constitution.  It is clear by this ruling that there are judges out there who have a bent toward legislating the definition of marriage from the bench. 

Comments: (3)

3 Comments

Comments

Your summary is an extremely misleading half (if that) truth. Typical these days, considering some of the contents of your FAQ. But I know you're too busy to do any explaining.

Well, DOMA IS unconstitutional. Not only does the fundamental marriage ban violate citizen guarantees to the equal protection of the laws and to religious freedom, DOMA destroys the "full faith and credit" clause by empowering one state to void legal contracts established by citizens in other states.

The legal and constitutional attack by the far right on the rights of gay citizens is in every way a giant constitutional mess which should be offensive to every citizen. While the right wing goes after us and attempts to void every constitutional protection that gets in their way, just wait until they turn on you. What constitutional clauses have you assumed were core values of our free America until suddenly you find that they are disposable when someone doesn't like you and has the power to eliminate or over-ride your guarantees?

You say po-tay-toe, I say po-tah-toe.

"there are judges out there who have a bent toward legislating the definition of marriage from the bench"

There are radical special interest groups out there (deceptively calling themselves "pro-family" groups even though they seek to destroy certain families that don't meet with their approval) who have a bent toward completely overhauling the Constitutional concepts of "equality" and "full faith and credit" to only include equality for certain citizens who meet a Christocentric definition of perfection (oh, wait...they need not be perfect; child molesters and rapists and murders can still get married as long as they are heterosexual), and to only extend the full faith and credit of the laws of other states that comport with the teachings of the Bible (oh, wait...they need not follow the Bible exactly; recognizing divorce decrees from other states is perfectly fine) by promotion of Constitutional amendments to, for the first time in the history of the United States, write discrimination into the permanent structure of our government.