Conservative Principals Cited in Decision on 'Defense of Marriage Act'

July 10, 2010 Facebook Twitter LinkedIn Blogger Tumblr

(Washington, DC) - Following the Federal District Court decision to overturn Article 3 of the Defense of Marriage Act (DOMA), Log Cabin Republicans Executive Director R. Clarke Cooper issued the following statement:

"Article 3 of the so-called Defense of Marriage Act was an unprecedented intrusion by the federal government upon the right of states to make their own decisions about what makes a marriage. As conservatives and federalists, Log Cabin Republicans support this ruling. In addition to being a victory for equality, it is a much needed reminder to Washington that the powers of the federal government are, indeed, limited."

In the Federal District Court's decision in Commonwealth of Massachusetts v. United States Department of Health and Human Services, the court clearly found that Congress, violating the Tenth Amendment, had no right to impose a federal definition of marriage. The decision states "...DOMA plainly intrudes on a core area of state sovereignty - the ability to define the marital status of its citizens."

The Commonwealth of Massachusetts originally filed the suit on behalf of a veteran who wanted to be buried in a military cemetery with his legally-married husband. For the Commonwealth of Massachusetts to honor this request - one that would have been permitted for a heterosexual couple, they were threatened by the US Department of Veterans Affairs that grant money given to the State for the operation of said military cemeteries would be subject to recapture due to DOMA.

A companion case also decided, Gill v. Office of Personnel Management, found that DOMA also violated equal protection under the Fifth Amendment.