High court should uphold Defense of Marriage Act
The Defense of Marriage Act is unconstitutional, not for similar reasons, but precisely the same reason that Roe v. Wade is unconstitutional: a violation of federalism. Whether it is Congress or the federal courts interfering in an area to be regulated by the states, it is improper.
Two wrongs don’t make a right, but if the Supreme Court could create a “right” not found in the Constitution, then why can’t Congress do the same? Both would be equally improper. Under the theory of stare decicis, shouldn’t the court be bound by the same lie in Roe (that it had authority to rule)? To be consistent, it should uphold DOMA, even though unconstitutional.
John M. Chilcott