Up in Massachusetts, an interesting battle is being waged over the 10th Amendment and so-called “States’ Rights”.
Per this AJC article, here’s the basic story:
As some of you know, in 2004 Massachusetts became one of the first States to full-on legalize gay marriage. Under State law there, there is no legal difference whatsoever between a heterosexual marriage and a homosexual one. Obviously, religious groups in the State are free to adhere to different standards, except where they act as an employer.
The problem comes from the fact that there, as in Georgia, many of the citizens are employees of the Federal government – which, per the Defense of Marriage Act passed in the 90s, does not offer benefits to same sex couples.
Therefore, postal workers and other Federal employees cannot place their same-sex spouses on their benefits package, such as employer-provided insurance.
One such couple sued, and a US District Court Judge whose district apparently only encompasses Massachusetts has ruled in the couples favor that the DOMA “interferes with the right of a state to define marriage”.
That quote, in particular, is what makes this interesting politically regarding the 10th Amendment.
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