Monday, March 25, 2013

I'm Reading Around on the Defense of Marriage Act

Blogging will be light this evening while I read around on the background to DOMA.

I've noticed that most conservatives hope to preserve DOMA, but I'm interested in fully returning the issue of marriage regulations to the states. Plus, under DOMA the federal government determines what kinds of benefits are available to married couples. I'm looking to see how DOMA repeal will affect states that do not recognize same-sex marriage in their states. (What kind of claims might a same-sex married couple have on a state that doesn't allow homosexual marriage, for example?) For true federalism to work the national government is going to have recognize marriage as a right subject to state laws and that under Article IV states are required to honor the laws of other states. There could be drawbacks to this beyond the initial notion of recognition of same-sex marriage as violating ideological and religious convictions, but I need more information.

See Lyle Denniston, at SCOTUS Blog, "Argument preview: Marriage and the Court’s “friends” — Part I," and "Argument preview: Marriage and the Court’s “friends” — Part II."

And until later, see Andrew Ferguson, at the Weekly Standard, "Politicized 'Science' of Gay Marriage."