Atlantis Alumni

Thursday, August 9, 2007

Hillary And "The Defense Of Marriage Act"


Photo: Fine Art at the Pines Biennial.

Ms. Clinton still supports portions of the "Defense Of Marriage Act," that hateful, pandering piece of legislation signed into law by her husband under cover of darkness, legislation that prohibits the federal level recognition of legitimate marriages entered into legally by gays and lesbians. When asked about this last weekend at the "Yearly Kos" meeting this was her answer:




Secondly, DOMA, I believe that DOMA served a very important purpose. I was one of the architects in the strategy against the Marriage Amendment to the constitution, and DOMA gave us a bright line to be able to hold back the votes that were building up to do what I consider to be absolutely abominable and that would be to amend the constitution to enshrine discrimination. I believe marriage should be left to the states. I support civil unions as I've said many times with full equality of benefits and so I think that DOMA appropriately put the responsibility in the states where it has historically belonged and I think you're beginning to see states take action. I think it's, I think part three of DOMA needs to be repealed because part three stands in the way of the full extension of federal benefits and I support that. So that's the first.

Here is the major problem with this response: Civil marriage is a basic civil right and as such it is constitutionally protected on the federal level. This is what the Supreme Court found in "Loving vs. Virginia" when the Court outlawed ALL state level laws banning interracial marriage. Therefore, contrary to Ms. Clinton's answer, marriage has not been "left to the states." Someone ought to bring this up on tonight's LOGO presidential candidates forum.

Also, there's the bullshit quotient of this answer as pointed out by one observer on the Pam's House Blend blog: The Federal Marriage Amendment (FMA) was not proposed until 2003, years AFTER DOMA was signed into law, so DOMA was no "bright line" preventing votes from building up in favor of the FMA.

Jim

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