11/19/2003

DoMA's days now numbered...

Well, I don't really see how gay marriage isn't set up for a Supreme Court test somewhere down the road now. Once the Massachusetts legislature legalizes gay marriage in six months, which it appears they pretty much have no choice about, the constitutionality of the Defense of Marriage Act will be seriously threatened. Congress in all likelihood will try to strengthen the law as a compromise to avoid the mess of a constitutional marriage amendment, much less repeal it in order to respond to the situation in the states. DoMA is key in lots of other ways too. Besides preventing same-sex marriages filed in one state from being recognized in others and withholding federal benefits like Social Security from same-sex couples, much of the law governing private retirement and pensions is federal, which could make for extra tricky situations. We really need more research into analgous cases...googling assignment for today.

Also: what have you got to prove, Daschle? I understand the equivocation of the primary candidates, and they all seem to be playing the script pretty well, but Daschle sounded actually offended. Get over it.

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