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Gay Marriage Imposed on Ohio: Hurrah for Federalism.

This is strictly for the “I told you so” files.

Today a federal judge ordered the State of Ohio to honor a gay marriage executed in Maryland because of the decision of the Supreme Court in overturning one section of the Defense of Marriage Act. The judge held that even though the Court had only jettisoned Section 3, the section that prohibited the federal government from recognizing gay marriage, that Section 2, which permits states to not recognize homosexual marriage, was equally unconstitutional.

Under the reasoning by the judge, because Ohio already recognizes by statute marriages that it would not permit (marriages of minors, violations of degrees of consanguinity) that the state had no basis for not honoring the Maryland marriage just because such a marriage is illegal in Ohio.

Early on in the debate about DOMA, we who were opposed were told that DOMA was an affront to federalism. No, we answered, without DOMA, legalized homosexual marriage in one state means that it is legal in every state due to the “full faith and credit” clause of the Constitution. That is the real assault on federalism, where one state effectively sets the standard for every other state.

We were right. Gay marriage is now the law of the land.

 

 

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