Jacob Sullum on Gay Marriage and Federalism

Bob
Barr, the former Georgia congressman who wrote the Defense of
Marriage Act (DOMA) in 1996, later apologized for
it, saying it embodied “one-way federalism,” protecting
“only those states that don’t want to accept a same-sex marriage
granted by another state.” Barr regretted that “the heterosexual
definition of marriage for purposes of federal laws” became “a de
facto club used to limit, if not thwart, the ability of a state to
choose to recognize same-sex unions.”

Conversely, says Jacob Sullum the 2013 Supreme Court decision
overturning that provision of DOMA, while paying lip service to
federalism, has led to a situation in which states are forced to
recognize same-sex marriage. If there ever was a time when
federalism was a viable approach to gay marriage, Sullum writes,
that time has passed.

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