Sunday, July 11, 2010

Basis of Ruling on Gay Unions Stirs Debate

New York Times
July 9, 2010

A judge’s decision on Thursday declaring that a state law allowing same-sex marriage in Massachusetts should take precedence over a federal definition of marriage has exposed the fractures and fault lines among groups working to bolster states’ rights.

The decision, by Judge Joseph L. Tauro of United States District Court in Boston, supports and echoes a central tenet of the Tea Party, 9/12 and Tenth Amendment movements, all of which argue that the authority of the states should trump Washington in most matters not explicitly assigned by the Constitution to the federal government.

Congress, the judge said, had infringed on a question that was the province of local voters and legislators.

More