He filed an amicus brief asking the court to overturn the federal Defense of Marriage Act. The Federal Defense of Marriage Act (DOMA) of 1996 denies federal recognition of gay marriages and gives each state the right to refuse recognition of same-sex marriage licenses issued by other states. The act does not prohibit states from allowing gay marriages, neither does it obligate states to recognize the gay marriages from other states.
If the court overturns this act, it would make a muddle of marriage laws within and among the states.
Let me try to explain:
Right now, Oklahoma does not have a law allowing same-sex marriage. In fact, Oklahoma has an amendment to the state constitution which defines marriage as between one man and one woman.
If our neighboring state of Texas passes a law redefining marriage as between someone other than a man and a woman, the Federal Defense of Marriage Act would protect Oklahoma’s current law. Oklahoma would not be obliged to honor Texas’ law.
If this act is overturned by the Supreme Court, the question of what Oklahoma must do in this situation would be up in the air. Unless, of course, the Court follows writes its own statutes (calling them Constitutional interpretations) to enforce its own decision. This is what the Court did with Roe v Wade and subsequent rulings on abortion.
The other effect of overturning DOMA would be that it would allow the federal government to put itself in the marriage regulation business. From what I have seen of this president, you’d better get hold of yourself if this happens, because it’s going to be sweeping, heavy-handed and against the religious freedom of practicing Christians and Christian churches.
The Obama administration is asking the Supreme Court to strike down the federal law defining marriage as a union between only a man and a woman.
The request regarding the 1996 Defense of Marriage Act was made Friday in a brief by Solicitor General Donald Verrilli that argues the law is unconstitutional because it violates “the fundamental guarantee of equal protection.”
The high court is set to hear two cases next month on the issue: the constitutional challenge on Proposition 8, the 2008 California that allowed same-sex marriages in the state that two years later was overturned, and United States v. Windsor, which challenges DOMA.
Edith Windsor, a California resident, was married to her female partner in Canada in 2007 but was required to pay roughly $360,000 in federal estate taxes because the marriage is not recognized under DOMA.
The law “denies to tens of thousands of same-sex couples who are legally married under state law an array of important federal benefits that are available to legally married opposite-sex couples,” Verrilli’s brief in part states.
House Republicans also purportedly filed a brief Friday, arguing for the right to defend DOMA.
If you wish to read the President’s brief to the Supreme Court against DOMA, go here.