Friday, June 1, 2012
Boston DOMA Ruling's Future Impact: Why the US Constitution and Federalism is Important on Marriage Equality
The Federal Appeals Court ruling on Same Sex Marriage on Thursday on DOMA the Defense of Marriage of Act is so important. Because it sets how Same Sex Marriage bans will get thrown out in the future and will also limit the Federal Government's ability to discriminate against homosexuals, for a few reasons. It means in the future that the Federal Government's role in marriage will be very limited, that marriage will be decided amongst the States and as long as the States. Are within the US Constitution, they'll be free to regulate marriage as they see fit. And will also limit Neoconservative lawyers ability to challenge Marriage Equality laws at the Federal Court. Because the ruling will be that the Federal Government doesn't have jurisdiction over marriage. And that marriage will be left up to the States and Constitution, which is why Same Sex Marriage laws will get held up in court, because they'll be ruled as a matter between the State and its people.
This is why Same Sex Marriage bans will be thrown out, because they are Unconstitutional, because they'll be ruled as violating the Equal Protection Clause. Progressives should right now be feeling great about the US Constitutional and Federalism, because of how it relates to Marriage Equality. Even though they tend to not like these things, because it limits what the Federal Government can do, especially when it relates to spending. And expanding the Federal Government and of course Neoconservatives who tend to speak highly of the Constitution and Federalism, especially as they relate to the economy. Are probably hating those things right now, because it will limit their ability to discriminate against homosexuals.
This is why Neoconservatives have been pushing a Constitutional Amendment not only at the Federal level but at the State level as well. That would ban Same Sex Marriage, because they know what's coming down the pike as it relates to Marriage Equality, that Marriage Equality will be held up and Same Sex Marriage bans will be thrown out.