Gay Marriage and New Jersey: You Don’t Understand How This 10th Amendment Thing Works

New Jersey Superior Court Judge Mary Jacobson ruled on Friday that gay couples must be allowed to marry as a result of the Supreme Court’s decision on the Defense of Marriage Act (DOMA). Jacobson claimed that refusing to recognize same-sex marriages would be depriving couples of their rights.

Townhall

No New Jersey, that is not how the Supreme Court’s decision on DOMA works. Maybe Mary Jacobson didn’t even bother to read the ruling or something, because nothing in the ruling says anything about state’s being required to allow gay marriage as a result. In fact, the SCotUS ruling isn’t about whether states should make gay marriage legal at all. 

The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State. DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.

By seeking to displace this protection and treating those persons as living in marriages less respected than others,the federal statute is in violation of the Fifth Amendment. This opinion and its holding are confined to those lawful marriages.

SCotUS DOMA ruling

One of my professors this semester, while discussing family law, reminded the class quite frequently that marriage certificates come from the state. You don’t go to the federal court house to get your certificate and the only reason you get federal benefits is because the federal government chooses to acknowledge your marriage and give you special consideration because of that.

The only thing the Supreme Court decision did was require the federal government to acknowledge all legal marriages in a state. New Jersey is not required to allow same-sex marriage to be in compliance with this ruling because this ruling doesn’t have anything to do with the states, not even slightly.

Even Chris Christie realizes this, which makes me like him a tiny bit more…but only a tiny bit.

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2 Comments

  1. though there is that nagging little thing where states recognize marriages performed in other states, so if you live in state A and travel to state B to get married, maybe friends or family live in state B or the weather is nicer or you just like the location, when you get back home to state A, you don’t have to get re-married

    • Yes, but that’s not actually required by law to my knowledge. States are not required to recognize a marriage from another state to my knowledge, they only do so because their marriage laws are the same in the other state and don’t contradict their state’s laws.
      However, similar to how I can’t carry a concealed weapon in a state that doesn’t allow it, just because I live in Arizona where it IS allowed, I can’t force another state to abide by the laws of my state.

      If a state doesn’t allow SSM then they should not be required to recognize (meaning given benefits to) a gay couple married in another state.

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