Rep. Barney Frank says states should decide their own marriage laws, but also wants the federal Defense of Marriage Act (DOMA) repealed, which would result in same-sex 'marriage' being forced on every state by one state's liberal laws.
-- From "Feds Shouldn’t Force States to Recognize Same-Sex Marriage, Frank Says" by Josiah Ryan, CNSNews Staff Writer 8/14/08
States that do not allow same-sex marriage should not be forced to legally recognize same-sex marriages contracted in California and Massachusetts where the practice is allowed, says Rep. Barney Frank (D-Mass.), who nonetheless supports repeal of the federal Defense of Marriage Act (DOMA).
The Defense of Marriage Act (DOMA), which was signed into law by President Clinton in 1996, defines marriage as the union of one man and one woman for purposes of all federal laws. It also prohibits states from being forced under the U.S. Constitution’s Full Faith and Credit Clause to recognize homosexual marriages contracted in other states.
“Whether or not DOMA is repealed has no affect on [forcing states to recognize same-sex unions contracted in other states],” Frank said.
The language of clause itself, however, appears to envision a role for Congress. It says: "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof."
The Democratic Party’s 2008 platform draft, which will be submitted to delegates at the Democratic National Convention for final approval in late August, explicitly opposes DOMA.
“We will enact a comprehensive bipartisan employment non-discrimination act,” the draft says. “We oppose the Defense of Marriage Act and all attempts to use this issue to divide us.”
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