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.


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