Thursday, January 7, 2010

39 Cosponsers of the Bill to Repeal the Defense of Marriage Act Are Catholic!!

Ahh depressing. Needless to say these goes against an explicit teachingof Catholic Social Justice. Deal Hudson has thoughts and the names at Catholic Politicians Supporting Same-Sex Marriage Legislation

A sad state of affairs.

Let me say the only weakness of Deal's article is it not explicit enough to show what the stakes are. He says:
The end of DOMA would mean 40 states would be required to recognize same-sex marriage. As Smith writes, the political fallout would be enormous: "Democrats will have learned nothing from the current health care debate or the voices of the voters in the states that have repealed gay marriage initiatives.".

Let me say that is partly true, maybe true, and does not give enough information. The issue here is the Full Faith and Credit Clause of that wonderful document that governs us. That is it addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings" of other states.

FOr intance as to marraige. Louisiana has a policy of not recognizing common law marriage as a valid marriage of it citizens. However it must recognized a Common law marriage of lets says two folks that moved to Louisiaa from Texas.

The Defense of Marriage Act is explicit Congressional law that says States do not have to recognize Same Sex marriages from other states. In a way that makes perfect sense. The Congress realizes that such a important national issues cannot be decided by just a few folks in one State. In effect that is what the law is trying to prevent.

Now if DOMA was repealed it is not clear if the States would have to recognized such unions. Marriage is within the police powers of the state and the states would argue that the Full Faith and Credit Clause would not apply. Still the repeal of DOMA is dangerous. In future court cases the Courts might look upon that as evidence of the will of the people. If you watch the Court there is often a good bit of law that says the Court will give huge deference to Congress and its acts.

The purpose of DOMA and the Constitutional issue behind it must be more fully talked about it. This is why Obama can say such nonsense as " I want to repeal DOMA but let the States to decide it". He never gets called on it. The purpose of DOMA is to let the States decide it and not just one State!!

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