Arthur Smelt and Christopher Hammer, a homosexual California couple, are challenging the Defense of Marriage Act. This law prevents same sex couples from securing spousal benefits from Social Security, filing joint tax returns and gaining benefit from other federal rights reserved for traditional marriage. DOMA gives the states the right to refuse to recognize same-sex marriages performed in other states. According to the Associated Press, the Justice Department lawyers have argued that the act is constitutional and they contend that awarding the federal marriage benefits to homosexuals would infringe on the rights of taxpayers in the 30 states that specifically prohibit same-sex marriages.
The Obama administration filed court papers this Monday, August 17, 2009, claiming that they too believe that DOMA discriminates against homosexuals. According to the filing by Assistant Attorney General Tony West, “DOMA reflects a cautiously limited response to society’s still-evolving understanding of the institution of marriage.”
But would not the converse be true, if the law was reversed, wouldn’t the millions of people who live in traditional marriages, who support traditional marriages then be discriminated against? And at what point does the institute of marriage stop evolving? Who gets the final say as to what an “Evolved Marriage” looks like?
Also noted in the Associated Press was that the administration does not agree with the arguments that DOMA protects children by defining marriage as between a man and a woman.
“The United States does not believe that DOMA is rationally related to any legitimate government interests in procreation and child-rearing and is therefore not relying upon any such interests to defend DOMA’s constitutionality,” lawyers argued in the filing.
Ironically, this is the same administration that believes the government (also known as “The Village”) knows how to raise our children better than we and that it would like to send “trained babysitters” to our homes to see that we are parenting right via a little paragraph in the proposed healthcare bill. This administration also thinks that the United Nation has the right tools to take care of all the world’s children, individually caring for them, through the efforts of U.N. Treaty on Children. This Administration is not rational about procreation and child-rearing!
If Mr. Smelt and Mr. Hammer want a state that accepts them and recognizes them for who they are, then I say, move to Massachusetts! Give the people of the states the right to vote their conscience and trust that their voice will be not only heard but also remain law. Let those whose cause has been lost, to either be a good sport about it, or move to a place where they can have the rights they believe they deserve. An interest group, such as the homosexual lobby, should not be able to over turn the voices of millions of Americans and trample states rights. The Obama administration has much bigger issues than to get in bed with this particular “special interest group.”