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Scholar critiques judge’s ruling on Defense of Marriage Act

July 16, 2010

Judge Joseph Tauro ruled last week that the Defense of Marriage Act (DOMA) is unconstitutional insofar as it prohibits the distribution of federal benefits to same-sex couples who are legally married in Massachusetts. Critiquing the Tauro opinion for National Review, legal scholar Hadley Arkes-- who is, incidentally, one of the main authors of DOMA-- makes two key points. First, Judge Tauro begins by assuming what his should have set out to prove: namely, that Congress had no rational basis for defining marriage as a union between a man and a woman. Second, Congress passed DOMA precisely for the purpose of preventing activist judges from imposing same-sex marriage on the country.


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