DOMA is an abuse of federalism

[Draggingtree]

The Washington Post:

DOMA is an abuse of federalism

By George F. Will, Mar 20, 2013

 

“nder the Constitution, the regulation and control of marital and family relationships are reserved to the States.”

• U.S. Supreme Court,
  

Sherrer v. Sherrer (1948)

The Defense of Marriage Act (DOMA) is an exception to the rule that a law’s title is as uninformative about the law’s purpose as the titles of Marx Brothers movies (“Duck Soup,” “Horse Feathers,” “Animal Crackers”) are about those movies’ contents. DOMA’s purpose is precisely what its title says. Which is why many conservatives and liberals should be uneasy Wednesday when the Supreme Court hears arguments about its constitutionality.

 

Conservatives who supported DOMA should, after 17years’ reflection, want the act overturned because its purpose is constitutionally improper. Liberals who want the act struck down should be discomfited by the reason the court should give when doing this.

[Valin]

If you marry someone (of the opposite sex) in (say) Massachusetts then move to Mississippi are you still legally married, with all that means? Now if you marry someone of the same sex in.....Massachusetts then move to Mississippi......?

 

Point being this whole thing became a moot point on May 17, 2004. See Goodridge v. Department of Public Health

 

Am I seeing something no one else is seeing?