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Scholar critiques judge’s ruling on Defense of Marriage Act

Catholic World News - 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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