DOMA….Bob Barr, the Georgia congressman who authored the Defense of Marriage Act in 1996, writes in the LA Times today that it’s time to get rid of it:
The first part of DOMA [] is a partial bow to principles of federalism, protecting the power of each state to determine its definition of marriage. The second part sets a legal definition of marriage only for purposes of federal law, but not for the states. That was the theory.
I’ve wrestled with this issue for the last several years and come to the conclusion that DOMA is not working out as planned….In effect, DOMA’s language reflects one-way federalism: It protects only those states that don’t want to accept a same-sex marriage granted by another state. Moreover, the heterosexual definition of marriage for purposes of federal laws — including, immigration, Social Security survivor rights and veteran’s benefits — has become a de facto club used to limit, if not thwart, the ability of a state to choose to recognize same-sex unions.
Hopefully DOMA will end up on the ash heap of history, where it so richly deserves to be, before the year is out.
