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3 States to Feds: You Can't 'Unmarry' Gay Marriages

DOMA is gone, but fights over law's provisions continue

By Mark Russell,  Newser Staff

Posted Sep 9, 2012 6:29 AM CDT

(Newser) – The Defense of Marriage Act was deemed unconstitutional by a federal judge in February, but that ruling did not touch on the most controversial aspect of DOMA, the federalist test—that is, whether gay marriages have to be legally recognized in other states or by the federal government. With a federal appeals court expected to start hearing arguments on Sept. 27, three states that support gay marriage have filed amicus briefs saying that the federal government cannot "unmarry" anyone after a state has granted a marriage license, reports the Christian Science Monitor.

The specific case is over a $350,000 tax bill that feds say a lesbian widow owes, since DOMA states her marriage didn't really exist so she cannot claim a marital tax deduction.The White House announced last year it would stop defending DOMA, which led House Speaker John Boehner to create the House Bipartisan Legal Advisory Group to defend the 1996 law. But even DOMA's author, former Rep. Bob Barr, says he no longer supports the law, saying its conception of federalism is unbalanced and offers only "one-way" protection.

DOMA has been struck down, but legal wrangling continues over the law's most contentious provisions about federalism.
DOMA has been struck down, but legal wrangling continues over the law's most contentious provisions about federalism.   (Shutterstock)
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COMMENTS
Showing 3 of 63 comments
livnletlive
Sep 10, 2012 8:12 PM CDT
FYI - I hope other commenters will not repeat my mistake of feeding the trolls.
dawnarun
Sep 9, 2012 7:30 PM CDT
I sometimes wonder if these anti-gay marriage people realize they're fighting a losing battle and are choosing to do it anyway, or if they're really that stupid that they think they can win?
Cat-Lover
Sep 9, 2012 3:59 PM CDT
I strongly support "Traditional Marriage," where, originally, man clubbed his intended mate into submission, or later where young girls were sold to families as wives of one of the male members, while serving as child-bearer for any family member along with cooking, cleaning and being the brunt of frustrations and, then, more recently where a girl was given to a man along with a dowry so she could be accepted into his family.  That's as it was in Biblical times and it seems to have worked.  This modern idea of "Traditional Marriage" has no basis in fact and should be prohibited by law for any and everybody. If you want to live with someone, do so, and that in itself creates a family union with all the benefits of federal, state, local and God's law.

 
gay marriage • John Boehner • Bob Barr • Defense of Marriage Act • same-sex marriage • federalism

 
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