I have much more issue with the Prop 8 ruling than DOMA. There is reasonable argument that DOMA stretched the powers of the Federal government. While I hate handing the wackos a victory, it may not be an unsound decision.
The Prop 8 ruling has basically removed the power of the people in governance. The citizens of California (of all places) voted overwhelmingly to prevent gay marriage. The government decided not to support the law on the books. Other parties took it to court and the courts have now said the people do not have standing to defend the law of the land. Basically, elected officials have all the power, and citizens have none. Very frightening precedence.
Again, watch Obama’s speech on granting visas to gay partners across america effectively ‘recognizing their marriages’.
Also the insertation of this within the immigration bill.
Marriage is a federal issue. Removing DOMA will let them attempt to cram a federal bill permitting Gay marriage everywhere, without the consent, input or otherwise of the states which disagree.
DOMA forced them to go state by state - removing DOMA makes all states irrelevant and puts the battle in the senate and congress.
52%-48% isn’t exactly “overwhelming”.
I agree; DOMA was a mistake for several reasons: moving the definition of marriage
into the realm of the Federal is one, and moving it into the realm of legal definition another (by making it a legal definition there is implicit assertion that the law, and therefore government, has authority over it). IMO, it would have been better to simply require people to use the 7th Amendment instead of relying on legal definition for federal issues like pensions & survivor benefits. (A jury-trial would let society judge what a marriage is in every such case, without involving the FedGov.)
The Prop 8 ruling has basically removed the power of the people in governance. The citizens of California (of all places) voted overwhelmingly to prevent gay marriage. The government decided not to support the law on the books. Other parties took it to court and the courts have now said the people do not have standing to defend the law of the land. Basically, elected officials have all the power, and citizens have none. Very frightening precedence.
This is the key point — and most disturbing.