An intriguing look at a gay marriage case that will probably make it’s way to the Supreme Court. In short, the legal argument made by the plaintiffs is that the federal government should defer to the states’ in the case of gay marriage — that the Defense of Marriage Act infringes on the laws made in Massachusetts and Connecticut which view same-sex marriages as legal unions.
Conservatives claim to care so much about states’ rights (although the decision by Obama’s DOJ to not go after states that have legalized medical marijuana, contra to what the Bush DOJ did, certainly puts the whole issue into context); I don’t really see how, if you believe that the states have the right to make and impose laws within their domain, you could support the federal government’s infringement. But if the case does make it to the Supreme Court, I’m sure it’s well with Scalia’s ability to come up with a surprising rejoinder.
Update: Andrew Sullivan, who was married in Massachusetts to his partner a few years ago, weighs in on this subject. As expected, he does a wonderful job of culling out exactly how inhumane laws against gay marriage are.