Proof of Evolution?

Historic news:  In advance of Congressional hearings on repeal of the Defense of Marriage Act (DOMA) that begin tomorrow, President Obama has announced his support for the Respect for Marriage Act (RMA).  Your Head Trucker thinks this may not be the actual missing link, but it sure is a big support to the theory of evolution - regarding the president's attitudes, anyway.

A little refresher course in the federal law for you:  DOMA was passed by Congress and signed by President Clinton in 1996, at a time when it was feared that the Supreme Court of Hawaii would legalize same-sex marriages in that state (which didn't happen).  Up until then (except for interracial couples; see below) states had generally recognized marriages validly contracted in another state, under the "full faith and credit" provisions of the U. S. Constitution.

DOMA did two things:  1) It specifically exempted states from having to recognize same-sex marriages entered into outside their borders, though individual states could allow such marriages; and 2) for all federal laws, rules, and regulations, it restricted the definition of marriage to one man and one woman.

The RMA will repeal both of these provisions, wiping DOMA off the statute books.  Thus, 1) there will be no federal law exempting states from recognizing same-sex marriages contracted elsewhere (some legal minds have already postulated that the exemption is unconstitutional); and 2) the federal government will recognize all marriages validly contracted where they were entered into, including those of same-sex couples.

The catch is:  RMA will not necessarily force states to recognize outside same-sex marriages if they don't want to.  The relevant parallel is interracial marriages, which for decades were recognized by some states and not recognized by others in a patchwork situation like the present laws on same-sex marriage, until the Supreme Court finally struck down all anti-miscegenation in the Loving v. Virginia ruling in 1967.  (And that was on equal protection grounds, not full faith and credit.)

What to expect then?  If RMA passes, a huge, noisy clamor about "states' rights" and "federal dictatorship," and a long march of court cases leading to the Supreme Court, eventually.  Remember that about three dozen states already have their own "mini-DOMA's" in the form of statutes and constitutional amendments forbidding same-sex marriages or the recognition thereof.

But still - it's a start.  And it is a Big Fucking Deal, to quote Joe Biden, because same-sex couples in states where it's allowed will indeed be recognized by the federal government for all the rights and benefits that any other married couples have, including taxes, insurance, pensions, immigration, and Social Security, to name but a few of the 1,138 federal rights and responsibilities of marriage.

So thank you very much, Mr. President, for having our backs on this momentous issue.

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