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View Diary: A point that should have been raised in DOMA arguments today (39 comments)

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  •  marriage has traditionally been state function (1+ / 0-)
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    Odysseus

    as has education

    thus if the Federal government is going to issue a statute, on what basis or authority is it claiming the right to do so?  Can those supporting the statute cite either a precedent or a specific constitutional authority?  If not, and it the precedents seem very much contrary, as the pre-Loving example demonstrates, and further the legislation is aimed only a a particular class of marriages, is not there a presumption both of an equal protection violation and a federal intrusion outside the bounds of Federalism?

    "We didn't set out to save the world; we set out to wonder how other people are doing and to reflect on how our actions affect other people's hearts." - Pema Chodron

    by teacherken on Wed Mar 27, 2013 at 06:43:09 PM PDT

    [ Parent ]

    •  Marriage is not a function. It is a mutual (0+ / 0-)

      commitment by two individuals of a certain age--i.e. old enough to carry out obligations.
      The state merely carries out a ministerial function in making a public record of this private event. The state has nothing to do with the establishment of a marriage.
      There is a difference between being and recognition.

      We organize governments to deliver services and prevent abuse.

      by hannah on Thu Mar 28, 2013 at 02:16:18 AM PDT

      [ Parent ]

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