Coupla things. First, for those of you who are curious about those ethics complaints Palin kept mentioning, here they are. 18 in total, 3 of which are pending. I'd say about half of them are legit complaints. Nothing worth resigning over, if you ask me.
http://www.adn.com/palin/story/838912.htmlMore importantly, Massachusetts is challenging the Defense of Marriage Act.
http://www.boston.com/news/local/breaking_news/2009/07/mass_to_challen.htmlThe suit alleges that the law violates the 10th Amendment to the Constitution, which reserves to the states all powers except those granted to the federal government. It also alleges that the law violates Article 1, Section 8 of the Constitution, which limits the power of Congress to attach conditions to the receipt of federal funds.
I don't know that this is a particularly strong argument, but it would be fascinating to see what the court does with it. This is classic states' rights territory.
http://www.mass.gov/Cago/docs/press/2009_07_08_doma_complaint.pdfOk, the argument in brief:
Section 3 of DOMA defines marriage as being between a man and a woman for federal purposes such as health benefits.
The Tenth Amendment reserves for the state the right to define marriage because it is not explicitly given to the federal government in Article I of the constitution. Consequently DOMA unconstitutionally commandeers state employees and impedes on the state's sovereignty. [This is something strict constructionists might buy, but the 10th amendment isn't usually taken so broadly.]
Massachusetts administers those benefits, and is put in the position of either violating its citizens equal protection rights by denying federal benefits to same-sex couples, or risking losing federal money.
Article 1 sec. 8 of the Constitution prohibits the federal government from place conditions on the receipt of federal funds that would cause a state to violate the constitutional rights of its citizens.
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EDIT: for a little comedy, here's the Family Research Council's take on MA's suit.
http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/07-08-2009/0005056919&EDATE=In 1996, the Defense of Marriage Act was enacted with the primary purpose of protecting the right of states to define marriage as they see fit so that no state can force marriage redefinition on another state. Now, the Massachusetts Attorney General is expanding the fight against traditional marriage by demanding that federal taxpayers from all 50 states subsidize same-sex 'marriage' benefits in Massachusetts.
That's
like the truth.