BARR ON FMA: Peter Wolfgang
"In the best conservative tradition" neither the FMA nor the federal DOMA would be necessary. But given the Lawrence decision, and the Carhart v. Stenberg decision that struck down Nebraska's partial-birth abortion law for that matter, it is increasingly unlikely that our liberal judiciary will allow any DOMA, state or federal, to stand for very long. The FMA puts what even Mr. Barr agrees is a necessary "baseline" for marriage beyond the reach of the courts and, short of legalizing gay marriage, gives the states just as much leeway (for civil unions, domestic partnerships, etc.) as the DOMA - which is why some on the Right view it as too loose. All things considered, it's the best option available to conservatives this late in the game, and hardly something arrived at hastily. I doubt Mr. Barr's friends at the ACLU intend to leave his DOMA unmolested if they see an opportunity to undo it.
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