"I certainly agree (a) that Section 3 of DOMA is unconstitutional, at least as applied to couples like those who are currently challenging it in federal court here in Massachusetts.... I'm not at all reluctant to have it known that I think the equality component of the Fifth Amendment's Due Process Clause forbids the federal government to deny same-sex spouses benefits identical to those that it would grant to opposite-sex spouses when the spouses are "married" under the law of their state - that is, when the spouses were married and reside in states where the law forbids a distinction between same-sex and opposite-sex marriage and rejects the DOMA definition of 'marriage.'"
Laurence Tribe, a Harvard Constitutional law professor, who believes that DOMA Section 3 is unconstitutional.
Source
1 comment:
And since the newly acceptable line is that the federal government shouldn't be in the business of defining marriage, shouldn't the whole thing be thrown out? I must be missing something.
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