According to My Way News, the House of Representatives has taken a very interesting step in the debate over Same Sex Marriage. Today, they passed a bill which would explicitly exempt the Defense of Marriage Act from judicial review. DOMA (Defense of Marriage Act) was passed during the Clinton Administration and said that no state would be forced to recognize the marriages of another state which were other than one-man-one-woman.
The interesting move here is this would not forbid states from passing their own marriage laws and arrangements. It simply keeps other states from having to recognize them. There are those who say DOMA violates the Full Faith and Credit Clause of the U.S. Constitution. However, this bill would remove that consideration, putting it outside the jurisdiction of the courts. Legal scholars have speculated for some time that this kind of move would be possible, and constitutional, but few have been willing to take the chance.
Of course, this law itself is subject to judicial review, and it would be rare for a branch of government to voluntarily limit itself. At the same time, this bill still has to pass through the Senate before it becomes law, and there is general agreement that it will not survive the harsh scrutiny of that part of Congress.
Still, it seems to me like a better solution than a Constitutional Ammendment!
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