The federal court got it right. The federal government should not be defining marriage. That is not within their enumerated powers and should be left to the people of the state to decide.In the unanimous ruling, a three-judge panel agreed with a decision made by a lower court in 2010 that DOMA is unconstitutional on the basis that it interferes with an individual state's right to define marriage.
“Invalidating a federal statute is an unwelcome responsibility for federal judges; the elected Congress speaks for the entire nation, its judgment and good faith being entitled to utmost respect,’’ the ruling said. “But a lower federal court such as ours must follow its best understanding of governing precedent, knowing that in large matters the Supreme Court will correct mis-readings.”
At issue is whether the federal government can deny tax, health and pension benefits to same-sex couples in states where they can legally marry.
The federal government should further not be attempting social engineering via taxation methodologies. Any free person should be able to designate another as their beneficiary, regardless of relationship.
It is this misguided usurpation of individual power that should be eliminated.