Same Sex Marriage and the Law: Update

July 9, 2009

Well it didn’t take long.  The State of Massachusetts has filed an action to void the federal statute called the Defense of Marriage Act (DOMA).  It seems that, under DOMA the State would be required to treated married same sex couples differently in terms of federally funded programs than it would treat opposite sex married couples.  Who’da thunk!

One of the problems with a federal system is the ongoing conflict between state law and federal law and this is now presented full frontal!  So either states get to prescribe who is married or the feds do.  I’ll bet the Federalist Society is burning the midnight oil on this one.  We’ll keep you posted.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: