Thoughts on the Supreme Court DOMA ruling

I know many of my friends will disagree with me, but I think the Supreme Court got it right in striking down the Defense of Marriage Act.  I know many in the Church have decried the ruling, but I come at it from a little different perspective.

First, I'm a big believer in Federalism - a not so aptly named concept that is intended to limit the power of the central government and defer to the states.  It's how our system of government was intended to be and has seriously been eroded over the past 60 years or so.

Federalism was upheld by the DOMA ruling.  The majority said that a federal law cannot trump the decisions made in the individual states that have voted on the issue.  That's an important thing to remember, and could have a bearing on another controversial topic which I'll touch on in a minute.

The second reason I agree with the ruling is that I believe the separation of Church and State should be absolute.  I don't want the government interfering in the Church, and although I'm not Catholic and don't subscribe to their stance on birth control, I still believe they have a right to hold to their tenets of faith without government rule or regulation interference.  Hence I believe they are right in fighting HHS mandates that would require them to violate those beliefs that exist under Obamacare.

Because I believe that Church and State should not impose on each other, I would absolutely oppose any notion that the Church should condone and perform same-sex marriages.  Government has never made that case and likely never will.

But civil marriage is just that - a civil ceremony.  A legal act.  It seems inherently unconstitutional and unfair to say to one set of people that they cannot marry, and as an extension, cannot enjoy the same benefits (financial, social etc.) that come with marriage just because they are gay.

I'm actually surprised that the ruling was not 6-3 or 7-2 because I thought Chief Justice Roberts would rule with the majority.

At the end of the day, the issue will be decided where it should be - in the states.

And that brings me to one other controversial issue that, until 1973, was settled in the states.  At least until the Supreme Court used some creative gerrymandering to create an exception.  Roe vs. Wade took abortion, which until that time was a state issue, decided state by state, and made it a national issue decided by the Court.

This ruling today would seem to open up that case for review if for no other reason than the logic that federal laws cannot over rule states.

I pray that is so.