Thursday, June 20, 2013

How Exactly Does Striking Down DOMA and Prop 8 Become A Victory For Federalism ?

In search of the that Justice Kennedy vote this seems to be the argument I keep hearing. Today for instance see Goldstein on the Court’s “Power”

 Please note I am not talking about the Equal Protection argument just the Federalism argument.

 At the above post this comment seems apt to me.

I'm sorry to put it this way, but your claim that Kennedy should strike down DOMA on federalism rounds is a complete pile of crap, and you know it. The part at issue is the fact that DOMA say the Federal Government won't treat you as if you are married, if your marriage doesn't involve one man and one woman. This law has NO impact upon State governments, unlike Section 5. State's can make whatever rules they want FOR THEIR STATE. 

What they can't do is force their decisions on everyone else. THAT is the essence of Federalism. And as other commentators pointed out when you first gave this garbage argument, it is already any unobjectionable the case that the Federal Government can have different meanings for terms than Stat's have, even when it's something normally subject to State definition.

 If Kennedy takes Federalism seriously, DOMA will survive, Prop 8 will survive, and Section 5 will be struck down.

I have to agree . The whole game plan by same sex marriage advocates is to have pro same sex marriage laws in some states make anti same sex marriage in other states moot. How is that a victory for Federalism. I am willing to entertain the argument striking down DOMA would be a good Federalism outcome but I have not seen the argument yet.

No comments: