That doesnt necessarily accept same sex marriage but

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that doesn’t necessarily accept same sex marriage, but under the Defense of Marriage Act, marriage has been redefined, allowing states to deny the existence of a marriage license, therefore leaving the DOMA unconstitutional. So far, it seems as though the DOMA is entirely unpractical—it fails to support equal protection and benefits to gay couples in the form of federal benefits, violates the ability for same sex marriages to be recognized across state lines through the Full Faith and Credit clause which should pertain to gay marriages, while also intervening with states’ rights to define marriage. In a country that supports many freedoms to its citizens, it’s unfortunate that such an act would deprive its citizens of so many freedoms. Regardless of the lack of progressiveness among some legislatures, there are a few parts of the constitution which may be vague enough to permit the DOMA. Some support the Defense of Marriage Act by using the Supremacy clause, which says that a law that is passed at the federal level is the national law of the land, or under DOMA, that the definition of marriage throughout the United States is defined between a man and a woman as a law of the land—federal law trumps state law. Marriage however, has always been a power reserved for the states by the tenth amendment and if congress were able to justify DOMA with the supremacy clause, they would be demolishing the foundation of federalism in the constitution which separates powers among the national and state governments where states are granted sovereign and independent powers. Even Supreme Court Justice Clarence Thomas says that the constitution’s “core principles of federalism, limits on the power of the federal government in favor of state’s rights, separation of powers, and regard for individual liberties (Holzer 2007). Marriage has long been held as a state power; it has always been the states that issues marriage licenses.
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McDonald Upon passing of the bill, congress acknowledged the expansive measures that DOMA would press on the states: “thus, the bill is exactly the opposite of a state’s rights measure: the only real force it will have will be to deny a state and the people of that state the right to make decisions on the question of same sex marriage” (BLAG v Gill, 4). By applying the Defense of Marriage Act to states that approve of same sex marriage licenses, the act is “an unwarranted expansion of federal power that violates the allocation of powers between the federal government and the states” (Kirkland, 2012). Martha Coakley, Attorney General of Massachusetts filed suit against the U.S. federal government for the acts unconstitutionality using the constitution’s 10 th amendment and equal protection rights. If it is in the interest of the people of Massachusetts to define marriage as a union between two people who love each other (as opposed to the gender binary constituted in the DOMA), it is Massachusetts and the other
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Christopher Reinemann
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