| Defense of the Marriage Act (DOMA) |
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In recent years, the Defense of Marriage Act (DOMA) has caused much constitutional and social controversy. Enacted in 1996, the act provides freedom to the states and federal government to accept or reject same sex marriage laws passed in differing states. Most opponents of DOMA use a false interpretation of the Full Faith and Credit Clause as a foundation for their criticism of this legislation. In this essay I will attempt to give a clearer picture of what the Founding Fathers meant when they penned the Clause and also explain why DOMA is constitutionally valid and socially necessary for us today. Article IV, Section I of the Constitution reads: “Full Faith and Credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.” What the Full Faith and Credit Clause is not saying is that a homosexual couple who is legally "married" in one state should have the right to have a union legally validated in all the other 49 states. Article 1 of the Constitution gives sole power to Congress, not the Supreme Court, to declare the effect of a state's laws on any one of the other states. The Founding Fathers purpose in granting Congress all this power reveals that their intent was twofold: first, to strengthen the union, and second, to give power to Congress to serve as a “traffic cop” regarding the impact of one state’s doings and proceedings on another state. As indicated by the evidence from the debates during the Constitutional Convention and the arguments conveyed by Madison and other Federalists in The Federalist Papers, the primary focus of the Full Faith and Credit Clause was the regulation of interstate trade. Another topic of great importance is the issue of federalism. The Supreme Court has clearly established that the Full Faith and Credit Clause does not require a state to apply another state's law in violation of its own legitimate public policy. In fact, a recent court case in Tampa, Florida proves this interpretation. In this courts case, U.S. District Judge James S. Moody, Jr. observed that, "Florida is not required to recognize or apply Massachusetts' same-sex marriage law because it clearly conflicts with Florida's legitimate public policy of opposing same-sex marriage."[1] In summary, marriage is an institution. It is not a fashion to be updated or played around with. We need to be sure that we don’t carelessly use the Founding Fathers or the Constitution for our own gain, but carefully and cautiously find out what they really meant when they wrote it. I believe that the legislators who passed the Marriage Act had a right understanding of the Full Faith and Credit Clause when they said the Clause did not apply in this specific case. I am encouraged that the Marriage Act was passed overwhelmingly in both the House and the Senate. The actions of that Congress strengthened marriage as an institution and hence benefited our nation. Brandon Huber [1] Joe Wolverton,II, The New American, Find Articles on the Web, 2005/3/7 http://findarticles.com/p/articles/mi_m0JZS/is_5_21/ai_n25105657
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