Kevin And Don Respond To Being Self Loathing

Looking back at their journey from the Stonewall Democratic Club to Log Cabin Republicans, they claim it was one that was actually started by the democrats. After being told that marriage as not a priority on the agenda in 1995, they became disillusioned with the DEMS. For a decade they felt like they did not belong until they met the republicans of the Log Cabin Republican Club and discovered they too shared a dream of marriage equality. This blog is now a digital time capsule of their time as Republicans and moderated by a friend and supporter.

Wednesday, March 28, 2012

@AFER #DOMA would fail if OBAMA Care Fails

#DOMA would fail if OBAMA Care FAILS
The Defense Of Marriage Act is an exercise of a Federal Power that Congress does not have. Traditionally, the definition of "marriage" is left to the individual states. Only when it comes to same gender couples has the federal government stepped in. And the Federal Government only stepped in after Hawaii considered allowing same gender marriages in 1995.
Before the courts can even grapple with the application of Equal Protection the court's must first determine if Congress had the power to even pass DOMA.
Judging by Justice Kennedy's words on the Obama Care issue, and if it is the prevailing view, I see the analysis being similar and applying to other federal powers such as the definition of marriage.
The Defense of Marriage Act is similar to OBOMA Care because it Fundamentally Alters the Citizen-Government Relationship. The federal government never defined marriage except when  the issue involves lgbt peopple. As Justice Kennedy asked, "when you are changing the relation of the individual to the government in this, what we can speculate is, I think, a unique way, do you not have a heavy burden of justification to show authorization under the Constitution?" 

Moreover "And here the government is saying that the Federal Government has a duty to tell the individual citizen that it must act, and that is different from what we have in previous cases and that changes the relationship of the Federal Government to the individual in the very fundamental way.”