One of our community's old nemeses, former Georgia Congressman
Bob Barr, has become a for-now ally.
Some years back, Barr authored the Defense of Marriage Act
signed into law by Bill Clinton. DOMA holds that no state can be
forced to recognize same-sex marriages performed in another state,
and then goes on to forbid the federal government from recognizing
same-sex unions (e.g., no joint tax filings, no social security
inheritance, no green card for non-U.S. same-sex spouses). While
the first half of DOMA basically restates what many constitutional
scholars believe is already a state's prerogative to set and
interpret marriage law, the federal prohibition is truly noxious
and unforgivable.
But Barr gets some positive karmic points for his testimony this
week before the Senate Judiciary Committee on the anti-gay Federal
Marriage Amendment (FMA). Unlike his fellow Republicans such as
Massachusetts Gov. Mitt Romney, who
disgraced himself by calling for a federal constitutional
amendment that would prohibit his state from ever approving gay
marriage,
Barr blasted the proposed FMA, saying:
Part of federalism means that states have the right to make bad
decisions - even on the issue of who can get married in the state.
Resisting the temptation to use the federal government to meddle in
state matters is the test of this conservative principle. Indeed,
it is the test separating conservative federalists from hard-line
social conservatives, willing to sacrifice the Constitution in
their understandable anxiety over the sorry state of modern
morality....
[T]he amendment supported by Governor Romney...takes a moral
decision out of the states, where it is most likely to be made with
the optimal benefit to everyone, and hands it to a couple of lone
elected officials. To be frank, I do not appreciate their
presumption to dictate morals to my fellow Georgians through misuse
of the federal Constitution....
[T]he Governor is pleading for this Congress and the federal
government to protect him against the Massachusetts state
constitution, the Massachusetts legislature, the Massachusetts
Supreme Judicial Court, and most ironically, the people of
Massachusetts.
So, for today, two cheers for Bob Barr!