Tuesday, May 26, 2009

The California Supreme court upholds Prop 8. It is time for a challenge to DOMA

This is Pretty much what I expected Constitutionally it makes sense, even though it is morally repulsive. At least the court did protect existing same sex marriages which I believe is also constitutionally correct. Now the question will be is the Defense of Marriage Act Constitutional? Clearly it isn't from a legal perspective. There is no way that a law DOMA can overrule the full faith and credit clause of the Constitution. Unfortunately judges are chosen for playing ball with the government not Constitutional expertise so we will have to wait and see what happens. I am guessing that if Californian gay couples who have married out of state, mount a challenge to DOMA. The Ninth Circuit Court will overturn the Defense of Marriage act, but the Supreme Court will overturn the decision. This is however one of those cases where I very much hope I am wrong. DOMA is an assault on the Constitution, if it stands we have told congress that they can make laws that nullify our Constitutional protections. Once we do that all is lost. The amendment process is supposed to be the only way to alter the US Constitution. It is meant to be difficult. If we do away with that and let congress impose anything they want by simple majority, why have a constitution or Supreme Court at all?

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