John Eastman

CP Guest Contributor

The Faux Federalism Argument Against DOMA

Much is being made of the "federalism" challenge to the Defense of Marriage Act. Leading conservative scholars like Michael McConnell and Jonathan Adler, and conservative commentators like George Will, have argued in briefs filed with the Supreme Court or in print that Section 3 of DOMA, which defines "marriage" for purposes of federal law, violates core principles of federalism.