DOMA case and the Tenth Amendment
July 9th, 2010 admin
(David Kopel) Jack Balkin has an interesting post on today’s two Defense of Marriage Act cases from the federal District of Massachusetts, Gill v. Office of Personnel Management , and Massachusetts v. HHS . The latter case found DOMA unconstitutional, as applied to Massachusetts, because DOMA violates the Tenth Amendment by infringing the state’s traditional core sovereign power of defining lawful marriages. The most important parts of the Tenth Amendment analysis are at pages 28–36 of the opinion. Balkin is concerned because the Judge Tauro’s “Tenth Amendment arguments prove entirely too much. As …
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A federal judge in Boston — Judge Joseph L. Tauro (D. Mass.), appointed to the bench by President Nixon back in 1972 — just struck down down Section 3 of the Defense of Marriage Act (DOMA). As you may recall, DOMA is the 1996 law that effectively bans recognition of same-sex marriages for purposes of federal law. The last substantive...
Does Thursday’s ruling in Massachusetts actually herald a new legal weapon for proponents of gay marriage rights: the Tenth Amendment? Nobody’s counting any chickens until after the appeal.
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The Obama administration is defending in a Massachusetts federal court a law that it believes it should be appealed. The law: DOMA, or the Defense of Marriage Act, the 1996 federal law that defines marriage as a union between a man and a woman.
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