Quote:
Originally Posted by innerSpaceman
Actually, there have - as I understand it - been two federal court rulings against DOMA today.
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Yep, both by the same judge. One uses 5th Amendment arguments,the other 10th Amendment arguments.
Haven't read the decisions and I'm obviously not an expert but while the arguments I've seen paraphrased sound good on this issue, they do seem like a potential double-edged sword.
I wonder if conservatives would be willing to trade gay marriage for a revitalized 10th Amendment.
ETA: For example, if DOMA is an issue because it intrudes on the historical role of states in defining marriage, how would that argument relate to the recent health care bill which intrudes on the historical role of states in regulating health insurance by creating national minimal standards?