09 July 2009

the AG of Mass. is BRILLIANT!

let's see...republiCONS support marriage equality as a state's rights issue.

the mass. AG sees DOMA as preventing the state from legally providing marriage equality.

methinks the republiCONS "state's rights" meme is about to bite them in their DOMA-supporting behinds!

from Care2:

What Does The DOMA Challenge Consist Of?

State Attorney General Martha Coakley has filed the lawsuit, called the Commonwealth v. United States Department of Health and Human Services, citing that, in order for Massachusetts to be able to define marriage as its sees fit, DOMA, which itself defines marriage as being solely between one man and one woman, must be repealed so that the state be allowed to exercise the very same rights as prescribed in DOMA's own legal wording when it gives states the right to make such autonomous decisions on the validity of same sex marriages.

The complaint contests that the DOMA legislation oversteps its bounds (contrary to the Full Faith and Credit Clause) as it prescribes that all states be subjected to the Federal perspective on what marriage is and that the law is the US Government directly interfering with a matter of state jurisdiction and determination when it comes to such things as benefit allocation, and that it does so by use of an overreaching and discriminatory law (violating the Equal Protections Clause).

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