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Politics : Piffer Thread on Political Rantings and Ravings
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To: Jorj X Mckie who wrote (12809)2/26/2004 10:31:25 PM
From: MulhollandDrive  Read Replies (2) of 14610
 
it doesn't, jorj..

i think m is referring to the doma (defense of marriage) laws that are now on the books in something like 38 states..

that's why the amendment is under consideration...

and i think the push now is to send a message across the bow of the judiciary , the concern being if massachusetts' gay marriage law is upheld as constitutional, and the doma laws are unconstitutional the only recourse is a constitutionl amendment defining marriage

cbsnews.com

8. What about the federal Defense of Marriage act?
What about it? Don't better the "over" on its longevity. Clearly, the White House and supporters of a marriage amendment aren't confident that the federal law, signed by President Clinton, will withstand judicial scrutiny if and when that scrutiny comes. The Defense of Marriage Act defines marriage as a legal union between one man as one woman under federal law. It also permits the states to refuse to recognize each other's marriage laws (a provision that may violate the Constitution's "full faith and credit" clause) but it doesn't stop any individual state from recognizing gay marriage, which is what Massachusetts did and what California is contemplating. The federal statute is susceptible to judicial review -- and based upon the Supreme Court's sodomy ruling last June that review might not be kind. The amendment, as I mentioned above, would generally be free from such review.
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