Author of Defense of Marriage Act: "DOMA Has To Go"
January 5, 2009
We have some good news this evening from the Los Angeles Times. Bob Barr, former Georgia Congressman and Libertarian Presidential Candidate, now supports the repeal of the Defense of Marriage Act. Why is his opinion important? He’s the one who wrote the law.
In an editorial published today, Barr had this to say:
Contrary to the wishes of a number of my Republican colleagues, I crafted the legislation so it wasn’t a hammer the federal government could use to force states to recognize only unions between a man and a woman. [...]
I’ve wrestled with this issue for the last several years and come to the conclusion that DOMA is not working out as planned. In testifying before Congress against a federal marriage amendment, and more recently while making my case to skeptical Libertarians as to why I was worthy of their support as their party’s presidential nominee, I have concluded that DOMA is neither meeting the principles of federalism it was supposed to, nor is its impact limited to federal law.
In effect, DOMA’s language reflects one-way federalism: It protects only those states that don’t want to accept a same-sex marriage granted by another state. Moreover, the heterosexual definition of marriage for purposes of federal laws — including, [sic] immigration, Social Security survivor rights and veteran’s benefits — has become a de facto club used to limit, if not thwart, the ability of a state to choose to recognize same-sex unions. [...]
In 2006, when then-Sen. Obama voted against the Federal Marriage Amendment, he said, “Decisions about marriage should be left to the states.” He was right then; and as I have come to realize, he is right now in concluding that DOMA has to go. If one truly believes in federalism and the primacy of state government over the federal, DOMA is simply incompatible with those notions.
h/t: Join the Impact
(And yeah, I totally [sic]ed Bob Barr.)
